: 1 : chs-222-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO.222 OF 2010 IN SUIT NO. 672 OF 1983 Aziz Ahmed Mobin Khan .. Plaintiff v/s. Mrs. Anwari Shafiq Shah & Ors. .. Defendants ......... Mr. Anand Grover i/by Prakash Mahadik for the plaintiff. Ms. Amarjeet Kaur for the defendants. ......... CORAM : R.Y.GANOO, J. DATE : 24th AUGUST, 2010. P.C. : 1. This chamber summons is taken out for bringing heirs of defendant no.4 on record. Defendant no.4 has three heirs whose names and addresses are mentioned in the schedule to the chamber summons. : 2 : chs-222-10=.sxw 2. Parties herein have filed affidavits. Heard learned Counsel on both sides. Defendant no. 4 expired on 13th June, 2009. Addresses were supplied according to the defendant no.4A to 4C by July, 2009. There appears to be some dispute about the correct address of heirs of defendant no.4. According to plaintiff, he managed to collect the correct addresses in December, 2009. Taking the date with reference to July, 2009, there appears to be a delay of 120 days. Even if it is accepted for a moment that there is a delay of 120 days for bringing heirs of defendant no.4 on record, certainly, it is not a case where Court should dismiss the chamber summons. At the most these three persons can get costs for granting this chamber summons. Hence, following order is passed to dispose of the chamber summons. ORDER (i) Chamber summons is made absolute in terms of prayer clauses (a) and (b). (ii) Plaintiff to pay to defendant nos. 4A to 4C together one set of cost of Rs.3,000/-. (iii) Plaintiff to amend the plaint on or before 15th September, : 3 : chs-222-10=.sxw 2010. Serve upon advocate for the defendants amended copy of the plaint on or before 27th September, 2010. (iv) So far as defendant nos.4A to 4C, amended copy of the plaint be served upon advocate Ms. Amarjeet Kaur who waives service of the amended copy of the plaint on behalf of defendant nos. 4A to 4C. (v) Costs of Rs.3,000/- to be paid to defendant nos.4A to 4C on or before 9th September, 2010. There shall be no order as to costs. (vi) Suit to appear on board for directions on 27th September, 2010. (R.Y.GANOO, J.)