1 CHS.114.2010-S.3107.1992.sxw Mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 114 OF 2010 IN SUIT NO. 3107 OF 1992 Bharati Dinkar Chinai & Ors. ...Plaintiffs Vs. Madhukar Chimanlal Chinai & Ors. ...Defendants Mr. Hiralal Thakkar, Sr. Advocate with Mr. Dezil D’Mello and Mr. Jeetender Ranawat i/b. Denzil D’Mello for Plaintiffs Mr. Rajesh Shah i/b. Ms. Uma Patel for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST APRIL, 2011 P.C. : 1. The Chamber Summons is for amendment of the plaint only to change the capacity of the parties on record who have expired. Only an entry in that behalf is required to be made. That can be made by the Court at any stage of the suit. Though it is stated that the Chamber Summons is delay by 2190 days or 3195 days delay does not matter, since the parties are already on record and no prejudice would be caused to any of the party. 2. The abatement, if any, is set aside. 3. The Chamber Summons is allowed in terms of prayers (a), (b) and (c). 2 CHS.114.2010-S.3107.1992.sxw 4. The Plaintiff shall carry out necessary amendments in the plaint as well as in the copy of the plaint served upon the Defendants. 5. Since upon the death of Defendant No.2 her succession has to be effected, Defendant No.1 shall be entitled to file further written statement, if required, on or before 10th June 2011. (SMT. ROSHAN DALVI, J.)