: 1 : chs-460-10-U=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 460 OF 2010 IN NOTICE OF MOTION NO. 3337 OF 1997 IN SUIT NO. 3668 OF 1997 Sorab K. Modi & Anr. .. Plaintiffs v/s. Bank of Baroda & Ors. .. Defendants ......... Mr. Sorab K. Modi plaintiff in person / applicant in CHS Mr. Mikhail Behl i/by Kanga & Co. for defendant no. 11 Mr. H. Mansukhlani for defendant no.10 ......... CORAM : R.Y.GANOO, J. DATE : 28th OCTOBER, 2010 P.C. : 1. It is clear that reference to the Notice of Motion No.3337 of 1997 in the aforesaid chamber summons is not proper and chamber summons is taken as having been taken out in the suit itself. This chamber summons is taken out for deletion of name of plaintiff no.2 as plaintiff no.2 has expired on 28th April, 2009. Plaintiff in person Mr. S.K. Modi stated across the bar that plaintiff no.2 Dr. (Mrs.) Dhun K. S. Mody has died leaving behind her plaintiff no.1 as the only heir and legal representative. If this is the position, then, there is no question of brining any other person on record and plaintiff no. 1 Mr. S.K. Mody and : 2 : chs-460-10-U=.sxw prosecute the suit for himself and his heir of plaintiff no.2. Hence, name of plaintiff no.2 be deleted from the cause title along with appropriate amendments in the plaint keeping in view the aforesaid fact. Accordingly, chamber summons is disposed of by passing following order. ORDER (i) Plaintiff no.1 is permitted to carry out necessary amendment so as to delete the name of plaintiff no.2 from the cause title as also carry out consequential amendment in the body of the plaint wherever there is reference to plaintiff no.2. There shall be no order as to costs. (ii) The plaint be amended on or before 24th November, 2010. Plaintiff to serve amended copy of the plaint upon all the defendants on or before 11th January, 2011. (iii) Suit is adjourned to 13th January, 2011 for directions. (R.Y. Ganoo, J)