: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1364 OF 2008 IN SUIT NO.3743 OF 1993 Denzi Michael Pereira & Anr. ....Plaintiffs V/s. Cynnthia V. Ferreira & Ors. ....Defendants None for the Plaintiffs. Mr.O.J. Manezes for Defendant Nos.1 to 5. Mr.Nitin G. Raut for Defendant Nos.6 to 11. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JULY, 2008. P.C. : 1. There is no doubt enormous delay in filing the written statement. However, in the facts and circumstances of this case, I am inclined to permit the Applicants i.e. Defendant Nos.6 to 11 to file their written statement. This is in view of the fact that Defendant No.6 suffered a tragedy of loosing her husband albeit prior to the filing of the suit. I cannot rule-out the possibility of this having had an effect on her. More important is the fact that this is a suit for partition of an alleged joint family business. If the Plaintiff succeeds all the parties would be entitled to the benefit of the decree. Defendant Nos.1 to 5 had already filed their written : 2 : statement opposing the suit. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b). 3. It is made clear that all the contentions are kept open including the contentions on behalf of Defendant Nos.1 to 5 that the suit has abated as far as Defendant No.1 is concerned. The written statement shall be filed on or before 4.8.2008. The written statement shall be taken on record subject to Defendant Nos.6 to 11 paying Defendant Nos.1 to 5 the costs of this Notice of Motion fixed at Rs.5000/- on or before 4.8.2008.