1 CHS211.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 211 OF 2008 IN SUIT NO. 3459 OF 1996 Rajesh Sharma & anr. ... Plaintiffs v/s Sebastian John Mendonca & ors ... Defendants And Allan Oswal Mendonca & ors. ... Legal Repre. of Def. No.1. Ms.Sapna Rachure i/by T.N.Tripathi & Co. for the plaintiffs. None present for the defendants. CORAM: R.M.SAVANT, J. DATED: 7TH APRIL, 2011 P.C.: 1. By the above chamber summons, the plaintiffs seek condonation of delay of 5 years 5 months and 23 days in filing the application for bringing the heirs on record and also seek setting aside of the abatement qua the defendant No.1. 2 CHS211.10 2. The reasons why the delay has occasioned are mentioned in paragraphs 3 and 4 of the affidavit in support of the chamber summons. It has been stated that the plaintiffs became aware of the death of the defendant No.1 on 18.7.2007 when the appeal filed by them being Appeal No. 1238 of 1998 against the interlocutory order passed in the above suit had come up for hearing before a Division Bench of this Court. The plaintiffs therefore made an application for bringing the heirs on record in the said appeal which was allowed by an order dated 22.7.2007. Insofar as the above chamber summons is concerned, the same is filed on 27.8.2007. 3. None appears for the defendants and the heirs though served. 4. The chamber summons is, therefore, allowed and made absolute in terms of prayer clauses (a), (b), (c) and (d). 5. Amendment to be carried out within six weeks from date and the amended copy of the cause title to be served on the concerned parties within four weeks thereafter. (R.M.SAVANT, J.) 3 CHS211.10 4 CHS211.10