1 chs176.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 176 OF 2010 IN SUIT NO. 2891 OF 2007. Kanayalal Kashiram Kasat & Ors. ..Plaintiffs. Vs. Hemlata Madhusudan Thakur & Ors. ..Defendants. And Abhijit Parshuram Govindrao Vartak ..Proposed Defendant. Shri D.A. Thorat for the Plaintiffs. Mr. Sachin S. Pande for Defendant No.1. Ms. Seems Sarnaik for Defendant No.3. CORAM : A.A. SAYED, J. DATE : 5TH DECEMBER, 2011. P.C. 1. The above Chamber Summons has been taken out by the plaintiffs for bringing the name of proposed defendant on record on the death of defendant No.2 who died during the pendency of the suit. Mr. Pande appears for defendant No.1 and Ms. Seema Sarnaik appears for defendant No.3. The learned Counsel have no objection, if the chamber summons is allowed subject to their right to file additional written statement/written 2 chs176.10.sxw statement after the plaint is amended. The learned Counsel for the plaintiffs states that the other defendants have been served and he undertakes to file affidavit of service within two weeks. 2. In the circumstances, Chamber Summons is allowed in terms of prayer clause (a). Let the amended plaint be served on the defendants and proposed defendant. Needless to say that the defendants/proposed defendant would be at liberty to file additional written statement/written statement in accordance with law. Amendment to be carried out within four weeks. ( A.A. SAYED, J.)