: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. 1440 OF 2006 SUMMONS NO. 1440 OF 2006 SUMMONS NO. 1440 OF 2006 IN IN IN SUIT SUIT SUIT NO. 5183 OF 1998 NO. 5183 OF 1998 NO. 5183 OF 1998 Kailash R. Gupta & Ors. ... Plaintiffs. V/s. Jagannath Govindrao by HLR (A) Naresh J. Joshi & Ors. ... Defendants. And Naresh J. Joshi. ... Respondent. Mr. Sakhalkar i/b. Mr. Anil Mishra for the Plaintiffs. Ms. Seema Sarnaik for Defendant 2. Mr. Sirshikar for Defendant 3/BMC. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 22ND 22ND 22ND JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . It is stated that the Respondent, who is allegedly the heir and legal representative of Defendant No.1(deceased) has also expired. In these circumstances, joinder of Respondent cannot be directed. The Chamber Summons to the extent of joinder of Respondent in place of the deceased Defendant NO.1 is rendered infructuous by the death of the Respondent. Liberty is granted to the Plaintiff to adopt appropriate proceedings after obtaining details of the heirs and legal representatives of the deceased. 2. However, the other relief is deletion of the third Plaintiff’s name as she has expired. At the request of :2: the Plaintiff’s Advocate, name of Plaintiff No.3 is deleted from the title of the plaint. 3. The Chamber Summons is disposed off in the above terms. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)