MP 1 CHS561_09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 561 OF 2009 IN SUIT NO. 319 OF 2003 Smt. S. S. Thakkar and another ... Plaintiffs Versus Nimish Chandubhai Patel and others ... Defendants Mr. A. R. Balsara, Advocate i/b. Mulla & Mulla for Plaintiffs. CORAM : S.J. KATHAWALLA, J. DATE : 13TH SEPTEMBER 2011 P. C. : In the above Suit, the Plaintiff No. 2 has expired on 20th November 2008. The Chamber Summons is taken out on 31st March 2009 seeking condonation of delay of 41 days in taking out the Chamber Summons; for setting aside the abatement of the suit and granting leave to the plaintiffs to amend the plaint and proceedings as per schedule annexed to the Chamber Summons that is to bring the heirs of the deceased Plaintiff No.2 on record. 2. None appear for the Defendants though served. Heard learned Advocate for the Plaintiffs. Perused the Affidavit in support of the Chamber Summons, more particularly, paragraph No. 4 of the said Affidavit. In my view, sufficient cause is shown for condonation of delay in taking out the above Chamber Summons and granting reliefs as sought in the Chamber Summons. The Chamber Summons is accordingly allowed in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within a period of one week from today. Copy of the amended Plaint shall be forthwith served on the Defendants. (S.J. KATHAWALLA, J)