1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1871 OF 2009 IN PAUPER PETITION NO. 2 OF 2009 Nirmaladevi Shailesh Gupta & Anr. ... Petitioners. V/s. Santosh Gupta & Anr. ... Respondents. Mr. Reena Salunke for the Petitioners None for the Respondents. CORAM : S.C. DHARMADHIKARI,J. DATED : 4th DECEMBER 2009. P.C. :- This is a Chamber Summons to implead the State Government as a Defendant to the Suit. It is stated that the Suit is filed by the Widow of one Shailesh Gupta, who expired on 13th March 1997 at Mumbai. The Second Petitioner is the minor son. The Petitioner No.1 is seeking permission to pursue the Suit on behalf of the Second Petitioner being his natural guardian. It is stated in the Petition that the Petitioner does not have the means to proceed with the Suit on a regular basis as she is indigent and not having any source of income. That is the averment made in paragraphs 41 to 43 of the Petition. 2. It is stated that necessary enquiry would have to be held and in terms of Order XXXIII Rule 13 of the Code of Civil 2 Procedure, the State Government is deemed to be party more particularly as no Court fees are being paid by the Petitioners. 3. It is stated that a copy of this Chamber Summons has been duly served on the proposed Defendant No.4. None is present to oppose the request made in the Chamber Summons. The Chamber Summons is made absolute in terms of prayer clauses (a) and (a-i). This order is passed without prejudice to the rights and contentions of the parties including the newly added Defendants. Amendment be carried out within 2 weeks. No costs. (S.C. DHARMADHIKARI,J.)