-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 621 OF 2006 IN APPEAL NO. 1065 OF 2000 IN SUIT NO. 1294 OF 1986 Prakash Narsing Shah and others ...Appellants versus Kishore Narsingh @ Hiralal Shah and others .... Respondents Mr. Vijay Thorat, Senior Advocate, with Mr. Bharat Vaishnava, instructed by M/s. Bharat Vaishnawa & Co., for the appellants in support. Mr. N.R. Parekh, instructed by M/s. Mansukhlal Hiralal & Co., for respondent Nos. 1 to 3 to show cause. CORAM: R.M.S. KHANDEPARKAR & P.B. MAJMUDAR, JJ. DATE: JUNE 04, 2008. P.C. Heard. This is an application for condonation of delay of 833 days in bringing the legal representatives of appellant No.3 on record. 2. Undisputedly, the matter arises out of a suit for partition of the property. In the circumstances, merely because there is some inordinate delay in bringing the legal representatives of one of the parties to the -2- proceedings, there cannot be justification for dismissal of application for condonation of delay and/or rejection of the application for bringing the legal representatives on record. Besides, taking into consideration the facts disclosed in the affidavit-in-support of the Chamber Summons, we are satisfied that sufficient cause is disclosed for delay in bringing the legal representatives on record. Hence the delay to bring the legal representatives on record is condoned. The abatement is set aside and the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c ). Necessary amendment to be married out within two weeks from today. R.M.S. KHANDEPARKAR, J. P.B. MAJMUDAR, J.