: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.740 OF 2008 CHAMBER SUMMONS NO.740 OF 2008 CHAMBER SUMMONS NO.740 OF 2008 IN IN IN SUIT NO.200 OF 1992 SUIT NO.200 OF 1992 SUIT NO.200 OF 1992 Capt.Chittaranjan Jain & Anr. .. Plaintiff. Versus Survin Development Corpn. & Anr. .. Defendants. Mr.A.B.Dubey i/b.M/s.Bharat Vaishnawa & Co. for applicants/plaintiffs. Mr.P.A.Sawant for defendant Nos.1 and 2. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 8th October, 2008. DATE : 8th October, 2008. DATE : 8th October, 2008. P.C. :- P.C. :- P.C. :- 1. This chamber summons is taken out for bringing heirs of plaintiff No.1 on record, who is said to have died on 5.1.2008. The chamber summons is taken out in May, 2008. : 2 : 2. After having gone through the text of the affidavit-in-support of the notice of motion, I am inclined to observe that the chamber summons for bringing heirs of plaintiff No.1 on record can be granted by directing the applicants paying to defendant Nos.1 and 2 costs of Rs.3,000/-. Since defendant No.3 has remained absent though served, no costs are awarded in favour of defendant No.3. Hence the following order :- O R D E R O R D E R O R D E R i) Chamber summons is made absolute in terms of prayer clauses (a), (b), (c) and (d). ii) Applicants to pay to defendant Nos.1 and 2 quantified costs of Rs.3,000/-. Costs to be paid on or before 22.10.2008. iii) Applicants to carry out amendment on or before 21.10.2008 and serve upon the defendants amended copy of the plaint on or before 17.11.2008. 3. Suit set down for directions on 21.11.2008. : 3 : (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)