1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2659 OF 2007 IN SUIT NO.830 OF 1998 Chogle Dham Coop.Hsg.Socy Ltd. .. Plaintiffs Versus Dr.H.Samant and Ors. .. Defendants Mr.M.Shah i/b. B.Joshi for plaintiffs Mr.A.V.Jain for defendant Nos. 1 and 2. CORAM : S.C.DHARMADHIKARI, J. DATE : 16th October 2008 P.C. . Heard Mr.Jain for applicants who are defendant Nos. 1 and 2 and the learned Counsel for plaintiffs. 2. Mr.Jain at the outset states that defendant No.2 has expired. Leave granted to plaintiff to amend the plaint and bring on record the heirs and legal representatives of deceased 2 defendant No.2. Mr.Jain states that within a period of four weeks from today, he shall intimate to the plaintiffs’ Advocate the names of heirs and legal representatives. Thereupon the registry shall permit amendment to the plaint without formal application for the same being taken out. 3. Heard Mr.Jain in support of motion. Perused the affidavit in support, reply and rejoinder. 4. For the reasons set out in the motion, delay involved in filing written statement stands condoned, subject to the first defendant paying cost quantified at Rs.2000/- to the plaintiff society. Upon the costs being paid and proof produced, the written statement shall be taken on record of the present suit. Leave is granted to file additional written statement on behalf of heirs and legal representatives of defendant 3 No.2. 5. Mr.Jain undertakes to waive service of writ of summons on heirs and legal representatives of the deceased defendant No.2 as and when they are brought on record. (S.C.Dharmadhikari, J)