1 CHS.29.09-S.C.S.1609.1990.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 29 OF 2009 IN SHORT CAUSE SUIT NO. 1609 OF 1990 Prabha G. Joshi & Ors. ...Plaintiffs Vs. Narandas Karscandas & Ors. ...Defendants And Aruna Vijay Tillu ...Applicant None for the Plaintiffs Ms. B. John i/b. Wadia Gandhy & Co., for Defendant No.3 Mr. N.M. Ganguli for Defendant No.4 CORAM : SMT. ROSHAN DALVI, J. DATED : 19TH APRIL, 2011 P.C. : 1. The Chamber Summons is for deletion of the name of Plaintiff No.1 as she has expired and for impleadment of Defendants 4 and 5 as the Plaintiffs in the suit. The name of Plaintiff No.1 stands deleted. 2. The Chamber Summons is granted to that extent. 3. Application for transposition of Defendants 4 and 5 as the Plaintiffs in the suit was made in Notice of Motion No.2355/2008 and has been rejected. That relief, therefore, cannot be reconsidered. Prayer (c) is, therefore, refused. 4. The Chamber Summons is also for bringing the heir of Defendant No.2 2 CHS.29.09-S.C.S.1609.1990.sxw who has expired on record. The Defendant No.2 is stated to have expired in 1992. The Chamber Summons is long delayed. The Defendant No.2 is stated to have transferred his interest in the suit property to Defendant No.3. The Defendant No.2 is, therefore, not contesting Defendant. Nevertheless once he expires the cause of action, if any, survives to his son. Hence his son has to be brought on record. The delay, if any, is therefore, condoned and prayer (d) is granted. 5. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)