vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1070 OF 2007 CHAMBER SUMMONS NO.1070 OF 2007 CHAMBER SUMMONS NO.1070 OF 2007 IN SUIT NO.1438 OF 1982 SUIT NO.1438 OF 1982 SUIT NO.1438 OF 1982 M/s.Universal Builders ... Plaintiff V/s. Bai Khatijabai Mohammedbhai Bagasrawala & Ors. ... Defendants Mr.Anoop Sharma i/b S.M. Kazi for Plaintiff None for Defendants CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: FEBRUARY 2, 2009 FEBRUARY 2, 2009 FEBRUARY 2, 2009 P.C.: P.C.: P.C.: . This Chamber Summons is taken out by the deceased Defendant Nos.5, 6 and 7 who have expired. In paragraphs 3 and 4 of the affidavit in support of the Chamber Summons, the plaintiffs have explained that they came to know about the demise of Defendant Nos.5, 6 and 7 only on 16.4.2007 when the advocate for Defendant No.8 made a statement before the Court that Defendant Nos.5, 6 and 7 have already expired. The plaintiffs, therefore, by their letter dated 20.4.2007 requested the advocate for Defendant No.8 to furnish the names of the heirs of Defendant Nos.5, 6 and 7 and also the death certificates to enable him to take out proceedings for bringing the names of the heirs on record. The advocate for Defendant No.8 by his letter dated 22.6.2001 : 2 : furnished the names of the heirs of Defendant Nos.5, 6 and 7 to the advocate for the plaintiffs and again by letter dated 6.7.2007 furnished the copies of the death certificates of Defendant Nos.5, 6 and 7. The Chamber Summons is thereafter taken out by the plaintiffs on 17.7.2007. None of the defendants or the respondents are present before the Court, though served. The affidavits proving service of the Chamber Summons on the defendants dated 16.10.2008, 16.12.2008 and 2.2.2009 are taken on record. 2. In view of the above facts, the Chamber Summons taken out by the plaintiffs is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. The advocate for the plaintiffs shall carry out amendments to the plaint within a period of two weeks from today and shall within two weeks thereafter serve copies of the amended plaint on the defendants including the newly added defendants. 3. Chamber Summons is disposed of accordingly. Place the suit on Board for directions on 12.3.2009. (S.J. KATHAWALLA, J.)