IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.353 OF 2007 IN S.C.SUIT NO.640 OF 1968 Doss Manecksha Bharucha & Anr. ...Plaintiffs V/s. Mrs.Naju M.Kavarana & Ors. ...Defendants ....... Mrs.Javer Mamniya for Plaintiffs. Mr.Zaiwala, Sr.Counsel with Mr.Kotwal & Mr.Presswala for Defendant No.4. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 11, 2007. JULY 11, 2007. JULY 11, 2007. P.C. P.C. P.C. 1. Although the Defendant No.3 has expired on 4th October 1996 and this Court by order dated 27th February 2007 recorded the fact that the Suit has abetted. As the heirs of Defendant No.3 are already on record, in the interest of justice, present Chamber Summons deserves to be allowed in terms of prayer clauses (a) and (b). Ordered accordingly. : 2 : 2. Amendment to be carried out within one week from today, failing which, Office to proceed on the assumption that this Chamber Summons has been dismissed for non-prosecution without further reference to the Court. 3. If amendment is carried out within time, Defendants will be free to file further written statement in the context of new facts pleaded by way of amendment which is granted under this order. Further written statement to be filed within two weeks from today. 4. Place this matter on 26th July 2007 for filing affidavit of evidence under caption ‘filing affidavit of evidence and documents’. A.M.KHANWILKAR, J.