: 1 : CHS-1152-10-co=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 1152 OF 2010 IN SUIT NO. 4913 OF 2000 Majid Ahmedbhai Oomerbhoy .. Plaintiff v/s. Rashid Sattar Oomerbhoy & Ors. .. Defendants and Nadeem Majid Oomerbhoy .. Applicant WITH CHAMBER OF SUMMONS NO. 1154 OF 2010 IN SUIT NO. 4913 OF 2000 Majid Ahmedbhai Oomerbhoy .. Plaintiff v/s. Rashid Sattar Oomerbhoy & Ors. .. Defendants and The Court Receiver, & Ors. .. Respondents ......... Mr. Jariwala i/by Thakore Jariwala & Associates for applicant in CHS 1152/10. Mr. Rahul Narichania i/by Desai Desai Carrimjee & Mulla for appliant in CHS 1154/10 and CHS 1224/10. Mr. Shailesh Thakar for respondent nos. 1 and 2 in CHS 1152/10 and respondent nos. 2 and 4 in CHS 1154/10. ......... CORAM : R.Y.GANOO, J. DATE : 27st SEPTEMBER,2010. P.C. : 1. These two chamber summonses can be disposed of by a common order. Plaintiff Majid Ahmedbhai Ommerbhoy expired on 11th May, 2010. : 2 : CHS-1152-10-co=.sxw It is common ground that said plaintiff expired leaving behind him Mrs. Nargis Majid Oomerbhoy, Mr. Nadeem Majid Oomerbhoy and Ms. Heena Majid Oomerbhoy as the heirs and legal representatives of plaintiff as per the Muslim law. Chamber Summons no.1152 of 2010 is taken out by the applicant Nadeem Oomerbhoy for coming on record in the place of the plaintiff and in the said chamber summons, Nargis Oomerbhoy and Heena Oomerbhoy are shown as respondents. According to the said applicant Nadeem, on the basis of a writing about capital and assets of firm, he has been nominated as sole legal heir and entitled to the orignal plaintiff’s share in the suit partnership firm. 2. Learned advocate Mr. Shailesh Thakkar appearing on behalf of Nargis and Heena filed an affidavit saying that Nargis and Heena do not wish to be joined as plaintiffs as Nadeem has accepted the writing about which applicant has made reference and Heena wants to contest the suit as a defendant. 3. Chamber Summons no.1154 of 2010 is taken out by defendant no.1 so as to join Nargis, Nadeem and Heena as plaintiffs as they are the heirs of the plaintiff in accordance with law. I have heard learned Counsel appearing on behalf of respective sides. The writing to which reference is made by learned Counsel for Nadeem cannot be termed as : 3 : CHS-1152-10-co=.sxw a Will and no other document is produced to show that plaintiff died after making Will. If this be so, it is clear that plaintiff died inteste. This will mean that Nadeem, Nargis and Heena are his heirs. While bringing heirs of a party on record, it will not be open for the Court to accept the submission of a heir that he / she should not be shown as a heir. In fact, having known that Nargis and Heena are the heirs, Nadeem should have requested for brining Nargis and Heena on record as heirs. That has not been done. Defendant no.1 wants to bring on record all the heirs of plaintiff. Hence, I am inclined to allow the chamber summons taken out by defendant no.1 and order that Nargis, Nadeem and Heena should be brought on record as heirs of the plaintiff. After these three persons are brought on record, if any of them does not wish to continue to be shown as plaintiff, it will be open for said person to make an application to the Court for transposing him/her as a party defendant. If at all such a request is made, same will be attended to on merits. In view of the above, these two chamber summonses are disposed of by passing following order. ORDER (i) Nadeem M. Oomerbhoy applicant in Chamber Summons No.1052 of 2010 shall carry out amendment within two weeks from today so as to show Nargis, Nadeem and Heena i.e. respondents in : 4 : CHS-1152-10-co=.sxw Chamber Summons No.1154 of 2010 as the heirs of the plaintiff. (ii) Copy of the amended plaint would be served upon the defendants as well as upon Nargis and Heena. After the amendment is carried out if Nargis and / or Heena does not wish to continue as the plaintiff, it will be open for him / her to make an application to the Court for transposing him / her as party defendant. (iii) Amended copy be served upon the defendants and Nargis and Heena within 10 days after the amendment is carried out. There shall be no order as to costs. (R.Y.GANOO, J.)