IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.234 OF 2004 IN WRIT PETITION NO.425 OF 1998 Jal Patel & Dina Patel .... Petitioners V/s. Union of India & Ors. .....Respondents And Dara Jal Patel & Aspi Jal Patel ..... Applicants. Mr.Sarosh Bharucha i/b D.Ferreira & Diwan, for the Petitioner. Mr.Y.R.Mishra a/w D.A.Dube, for respondent No.1. Ms.Rita Joshi i/b A.D.Shetty for the respondent No.2. CORAM : P.B.MAJMUDAR & J.P.DEVADHAR, JJ. DATED : 30th AUGUST, 2008. P.C. 1. The applicants have prayed that they may allowed to be brought on record as heirs of the deceased petitioners as they are sons of the deceased petitioners and therefore, they may be permitted to be substituted in place of deceased petitioners. 2. This chamber summons is opposed on behalf of the respondent No.2. on the ground that this being a pension case, the cause of action does not survive and the present applicants have no right to continue the proceedings. The learned Advocate for the respondent No.2. further submitted that even the original petitioners were not entitled to pension under the scheme and therefore, the present applicants have no right. 3. While keeping this contention open in the main matter, at present we permit the applicants to be brought on record as heirs of the original petitioners. Whether these heirs will have a right to claim any relief in the petition is required to be adjudicated and the argument of the learned Advocate of respondent No.2 is kept open in the main petition. Subject to the contention of other side, the chamber summons is allowed in terms of prayer clauses (a), (b) and (c). Cause title to be amended accordingly within a period of one week from today. The writ petition be listed for hearing on 15-09-2008. ( J.P.DEVADHAR, J. ) ( P.B.MAJMUDAR, J. )