: 1 : 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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1103 OF 2008 CHAMBER SUMMONS NO.1103 OF 2008 CHAMBER SUMMONS NO.1103 OF 2008 IN IN IN SUIT NO.1387 OF 2000 SUIT NO.1387 OF 2000 SUIT NO.1387 OF 2000 Kanaiyalal J. Khatri & Anr. .. Plaintiffs. Versus Vasudev S. Khatri & Ors. .. Defendants. Mr.K.R.Parekh for plaintiffs. Mr.R.M.Vasudev for defendant Nos.1,3,4 and 5. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 14th August, 2008. DATE : 14th August, 2008. DATE : 14th August, 2008. P.C. :- P.C. :- P.C. :- 1. This chamber summons is taken out by the plaintiffs for appointment of a guardian sofar as defendant No.2 is concerned. 2. On the last occasion, the court had enquired with learned Advocate for the plaintiffs when the suit was : 2 : filed, whether defendant No.2 was served with writ of summons or not. Today, learned Advocate for the plaintiffs makes a statement that after the filing of the suit, no steps have been taken to serve the writ of summons upon defendant No.2. If this is the position, this court shall have no jurisdiction to entertain this chamber summons for appointment of a guardian in respect of defendant No.2. Hence, this chamber summons is pre-mature and not maintainable and hence is required to be dismissed. 3. For the reasons mentioned aforesaid, the chamber summons is dismissed as being pre-mature and not maintainable. In the peculiar facts, there shall be no order as to costs. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)