1 chs1860-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGIAL CIVIL JURISDICTION rpa CHAMBER SUMMONS NO. 1860 OF 2008 IN SUIT NO. 1820 OF 1984 Omprakash & Company .. Plaintiffs V/s. M. R. Kowli & Ors. .. Defendants And Miss Shubhangi Kowli .. Respondent .... Mr. U. J. Makhija a/w. Mr. J. P. Sen i/b. M/s. Thakore Jariwala & Associates for the Plaintiffs. Mr. Clive D'souza for Defendant Nos. 8 and 9. Mr. M. Wamorkar i/b. M/s. M. Wamorkar for Defendant Nos. 1,2 & 4. .... CORAM : R. S. MOHITE, J. DATE : JULY 26, 2010. P.C. This chamber summons is taken out by the original plaintiffs for bringing the heirs and legal representatives of deceased defendant no. 5 on record. Defendant no. 5 expired on 20th August, 2008, and the factum of his death was informed to the advocate for the plaintiffs on 19th September, 2008. From the date of information received, the chamber summons is filed 2 chs1860-08 within time. However, a prayer is made for condonation of delay as there is 25 days delay, if the delay is calculated from the date of death of defendant no. 5, since, on behalf of defendant nos. 1,2 and 4, the contention was raised that the chamber summons is not maintainable, in view of the fact that the suit has been dismissed by a conditional order passed on 24th February, 2010 directing the plaintiffs to file their affidavit of evidence by 7th April, 2010, the chamber summons is amended and the abatement is sought to be set aside, and the dismissal of the suit, if any, is sought to be set aside. Taking into account the aforesaid fact, in the interest of justice, and the reasons mentioned in the affidavit support of the chamber summons, the chamber summons is allowed in terms of prayer clauses (Ai), (a), (b) and (c). Amendment to be carried out within four weeks from today. 2. The chamber summons is allowed subject to costs of Rs. 5000/-, which will be paid for the benefit of defendant nos. 1,2 and 4, and will be through the advocate for the defendants. The chamber summons is, accordingly, disposed of. 3 chs1860-08 3. The affidavit of reply of defendant no.2, is taken on record. [ R. S. MOHITE, J. ]