: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 TESTAMENTARY TESTAMENTARY TESTAMENTARY & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION & INTESTATE CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 23 OF 2009 SUMMONS NO. 23 OF 2009 SUMMONS NO. 23 OF 2009 IN IN IN SUIT SUIT SUIT NO. 24 OF NO. 24 OF NO. 24 OF 2005 2005 2005 IN IN IN PETITION PETITION PETITION NO. 238 OF 2004 NO. 238 OF 2004 NO. 238 OF 2004 Benedicta D’Souza ... Deceased. David Cardoz and Anr. ... Petitioners. V/s. Lancelot Joseph William D’Souza. ... Respondent. Mr. Nitin Raut for the Petitioners. None for the Respondents. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 20TH 20TH 20TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons for amendment. 2. The Petitioners’ Advocate states that the Chamber Summons is duly served on the Respondent, who is represented by an Advocate. The name of the Advocate is duly shown on Board. I have also perused the acknowledgement dated 3rd March 2009, signed by Mr. Anand R. Patil, Advocate for the Respondent. 3. I have also perused the Chamber Summons and the annexure thereto, so also the affidavit in support. There is no affidavit in reply to this Chamber Summons which is filed in this Court on 9th February 2009 and copy of which is duly served. :2: 4. In any event, if the amendment sought is formal in nature, it does not prejudice the Respondent at this stage and all rights and contentions of the parties on merits are kept open. The Chamber Summons is made absolute in terms of prayer clauses (a) to (c). 5. Amendment to be carried out within two weeks from the date of the receipt of the copy of this order. Copy of the amended plaint to be served on other side, thereafter. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)