IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.927 OF 2006 WITH SUIT PETITION NO.2051 OF 1996. Mrs. Haleema Abdul Kadar Aga ... Plaintiff. versus Miss. Roshan Ara Ahmed Baig & Ors. ... Defendants. Defendant no.3 viz. Mr. Mehamood Abdul Kadar Aga in-person present – Applicant in support of CHS. Mr. Akshay Shah - defendant no.6. Mr. J.A.S. Sarkhot for defendant nos.1 & 2. CORAM : D.G. KARNIK, J. DATE : 9th June, 2008. P.C. Heard defendant no.3 appearing in person (who has taken out the chamber summons) and learned counsel for defendant nos.1, 2 & 6. 2. On the death of original plaintiff, defendant no.3 has taken out chamber summons transpiring himself as plaintiff. In the original suit, the plaintiff has made a declaration that she and defendant no.3 are only legal heirs and representatives of late Abdul Kadar Aga. The interest of plaintiff and defendant no.3 is thus the same. Since original plaintiff has died, defendant no.3 wants to pursue the suit. The chamber summons is accordingly allowed in terms of prayer clause (b). 3. Proper court fee would be payable by the defendant no.3 on transposition. The defendant no.3 is accordingly directed to pay the proper court fee within 2 weeks. 4. The amendment by way of transposition shall be carried out by defendant no.3 within 4 weeks. (D.G. KARNIK, J.)