1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1638 OF 2006 CHAMBER SUMMONS NO. 1638 OF 2006 CHAMBER SUMMONS NO. 1638 OF 2006 IN SUIT NO. 3721 OF 1998 SUIT NO. 3721 OF 1998 SUIT NO. 3721 OF 1998 Surendra Singh Prahlad Singh ... Plaintiff Versus Hotel Airlines Internatinoal ... Defendants And Smt. Savitridevi S.P.Singh & Ors. Applicants None for the plaintiff. Mr.K.N.Kandekar for the applicants. Ms. S.Jain i/b. Dave & Co. for the defendants. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. DATE: 5th February, 2009. DATE: 5th February, 2009. DATE: 5th February, 2009. P.C. P.C. P.C. . This is a Chamber Summons to implead the heirs and legal representatives of the deceased sole plaintiff. The suit had abated upon death of the deceased sole 2 plaintiff on 25th November, 2002. 2. The applicants are the wife and sons and daughter of the deceased. The wife of the deceased has filed an affidavit and has stated therein that after the death of the deceased, she had to look after the family affairs and bring up the children. She is the sole breadwinner of the family. She had no knowledge of the Court proceedings and procedures. She was ignorant of the fact that steps have to be taken to substitute the heirs so as to enable them to proceed with the suit. Upon realisation, she has taken prompt steps and it is her humble request that delay be condoned. 3. The learned Advocate appearing for the defendants vehemently opposed this Chamber Summons and contends that there is no explanation for the delay. The delay is of 3 years and more. No liberal principles be applied or sympathy be shown to litigants who are responsible for not taking prompt steps and sleeping over their rights. The Chamber Summons be therefore dismissed. 4. Having perused the Chamber Summons and the affidavit-in-support and finding that there is no affidavit in reply, in the facts peculiar to this case, 3 the delay can be condoned. Ultimately, the liberal principles are being applied so as not to deprive the applicants from proceeding with their case on merits. A litigant should be allowed to establish and prove his case on merits unless there is deliberate inaction, total negligence or want of bonafides. Such is not the case in the present matter. 5. In the light of the above, Chamber Summons is made absolute in terms of prayers (a) to (c). However, the applicants to pay costs quantified at Rs.1500/- to be paid to the defendants within a period of two weeks from today. After costs are paid and proof is produced, the Registry to allow amendment to the plaint. After service of the amended copy, the defendants to file their additional written statement within four weeks thereafter. (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.)