1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1688 OF 2008 IN SUIT NO. 119 OF 2007 Prasad Gurjar ...Plaintiff Vs. Jagannath V. Shiveshwarkar & Ors. ...Defendants And Prakash J.Shiveshwarkar ...Respondent Mr.Chirag Balsara i/b. Divya Shah & Assoc., for Plaintiff Mr. A.P.Rege for Respondent CORAM: SMT.ROSHAN DALVI, J. DATED: 25 TH MARCH , 2009 P.C. 1. The Chamber Summons is to set aside the abatement of the Suit and to bring the heirs of original Defendant No.1 on record. It is opposed on the ground of considerable delay. The Defendant No.1 expired on 7th October 2007. This Chamber Summons is taken out on 18 th November 2008. The parties deserve to be heard on merits. 2. The Chamber Summons is made absolute in terms of prayer (a), (b) and ( c ) upon the Plaintiff paying costs of Chamber Summons fixed at Rs.1000/- to the Defendant's 2 Advocate within 4 weeks from today. If the costs are paid, the Plaintiff shall carry out the amendments within 6 weeks from today. The Plaintiff shall also carry out amendments in the plaint served upon the Defendants within 6 weeks. 3. The Plaintiff shall serve the amended copy of the plaint upon the Respondent's Advocate. Respondent's Advocate waives service of the amended copy of the plaint. (SMT. ROSHAN DALVI, J.)