: 1 : nms-4058-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4058 OF 2007 IN SUIT NO.1811 OF 1990 Union Bank of India .. Plaintiffs v/s. Hawkins Motors Pvt. Ltd. & Ors. .. Defendants ......... None for the plaintiffs None for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 7th OCTOBER, 2010 P.C. : 1. This motion is taken out for setting aside dismissal of the suit as against defendant no.2 and for bringing heirs of defendant no.2 on record. Perused the order dated 10th September, 2007. Plaintiff did not bring the heirs of defendant no.2 on record though opportunity was given. In such a case, suit got abated and, therefore, if at all the plaintiffs are interested in bringing heirs of defendant no.2 on record, they will have to take out chamber summons. They will have to also apply for setting aside abatement and other related prayers. : 2 : nms-4058-07=.sxw 2. This notice of motion for restoration of the suit and for bringing heirs of defendant no.2 on record is not maintainable and is accordingly dismissed with no order as to costs. If the plaintiffs are interested in bringing heirs of defendant no.2 on record, they should take appropriate proceeding. Suit to proceed against other defendants in the normal course. (R.Y.GANOO, J.)