: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.485 OF 2004 IN SUIT NO.227 OF 1982 Gujarat State Financial Corpn. ....Plaintiff V/s. Pratapsing A. Vallabhadas & Anr. ....Defendants And Srikant G. Ruparel & Anr. ....Respondents Mr.T. Bhavsar with Ms.U.M. Jhaveri for the Plaintiff. Ms.Kranti Hirwale i/b Harish Joshi & Co. for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 20TH AUGUST, 2008. P.C. : 1. By this Chamber Summons the Plaintiff seeks to implead the Respondent as the heir of the deceased Defendant No.2(b). The Respondent is the son of Defendant No.2(b). 2. Defendant Nos.1(a) and (b) in term were impleaded as the heirs of the deceased Defendant No.2. Defendant No.2(a) is the widow of the deceased Defendant No.2. 3. By an order dated 24.11.2003 in Chamber : 2 : Summons No.550 of 1993, Defendant Nos.2(a) and (b) were impleaded. Defendant No.2(b) impleaded inter-alia in view of the letter addressed by the advocate of the deceased Defendant No.2 stating that she was one of the heirs of the deceased Defendant No.2. 4. It was contended that the order dated 24.11.2003 is a nullity as on that date Defendant No.2(b) had already expired. Prima-facie there is nothing to indicate that the Plaintiff knew about the same. It is also contended that neither Defendant No.2(b) nor the Respondent can be made liable for the debts, if any, of the deceased Defendant No.2. That is a question which must be decided at the hearing of the suit itself. 5. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). Needless to say that the same is without prejudice to the rights and contentions of the parties including the Respondent. The amendment to be carried out within four weeks from today.