IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 277 OF 2007 IN SUIT NO. 2600 OF 2000 Abdul Latif Haji Siddiqu Pavate ......Plaintiff V. Ibrahim Siddiq Pavte and others ...... Defendants And Mohammed Ali Ibrahim Pavte and others ......Respondents. Mr. D.R. Shah for the Plaintiff Mr. D.J. Lulia for the Respondent Nos. 1 to 5, 8,10 and 11 CORAM : A.A. SAYED, J. DATE : 6TH AUGUST, 2009. P.C. 1 The above Chamber Summons is taken out by the plaintiff to bring on record the respondent Nos. 1 to 5 as defendant Nos. 1a to 1e and the respondent Nos. 6 to 11 as defendant Nos. 3a to 3f in view of the death of the defendant No.1 and defendant No.3. The defendant No.1 died on 10-08-2004 and the defendant No.3 died on 28-10-2002. 2 In the affidavit in support of Chamber Summons it is averred by the plaintiff that insofar as the defendant No.5 is concerned, she has died on 3rd May, 2001, leaving behind the plaintiff and the defendant Nos. 1,3 and 4 as her only heirs and legal representatives. The plaintiff has stated in para 3 of the Chamber Summons that he is 70 years old and keeping indifferent health and was not aware of the requirement of bringing on record the legal heirs of the deceased parties. 3 I have heard the learned Counsel for the parties. Though the reasons for delay in taking out this Chamber Summons are not entirely satisfactory in view of the fact that this is a family dispute and in the interest of justice, I am inclined to allow the Chamber Summons subject to costs of Rs. 1000/- to be paid by the plaintiff to the respondents. The plaintiffs are further allowed to delete the name of defendant No.5 though the same has not been specifically mentioned in the Schedule to the Chamber Summons and the same is stated only in the affidavit in support of the Chamber Summons. 4 The Chamber Summons is allowed in terms of prayer clause (a) and (b). 5 Amendment to be carried out within a period of 4 weeks. A.A. SAYED J.