:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 122 OF 2008 SUMMONS NO. 122 OF 2008 SUMMONS NO. 122 OF 2008 IN IN IN SUIT SUIT SUIT NO. 2105 OF NO. 2105 OF NO. 2105 OF 2003 2003 2003 Shrisahadeo Ganpat Tambe & Ors. ...Plaintiffs. V/s. Smt. Mirabai Basayya Abkari. ... Deceased Defendant No.1. Smt. Malatibai Vasudeo More. ... Defendant. And Shri Basayya Abkari & Anr. ... Proposed Defendants. Mr. D.C. Pathak for the Applicant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 16TH 16TH 16TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . This Chamber Summons is to implead the heirs of deceased Defendant No.1. The deceased was Mirabai Abkari. Although, the Schedule to the amendment shows that her husband is her heir. It is stated that her husband has also expired. The only surviving legal heir is Respondent/Proposed Defendant No.1-B. The Chamber Summons is duly served. In such circumstances, it is made absolute in terms of prayer clause (a). The Proposed Defendant No.1-B shall be substituted as Defendant No.1 in the Suit as a heir of the deceased Defendant No.1. Affidavit proving service to be filed on or before 12th January 2009. Amendment to be carried out on or before 19th January 2009. Written statement/Additional written statement if any, to be filed within four weeks from the receipt of the amended plaint. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)