- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi CHAMBER SUMMONS NO.696 OF 2007 IN SUIT NO. 4290 OF 1994 WITH CHAMBER SUMMONS NO.401 OF 2009 IN SUIT NO.4290 OF 1994. Mohanlal G. Kukreja & Anr. ..Plaintiffs. vs. Pravin K. Joshi & Ors. ..Defendants. .... Mr.P.N. Ganwani, i/b. A.V. Jain Asso., for Plaintiffs. Ms.S.I. Shah, for Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 26TH MARCH, 2009 : 26TH MARCH, 2009 : 26TH MARCH, 2009. P.C.: P.C.: P.C.: . Chamber summons no.401/2009 is taken out by the Advocates for the plaintiffs to carry out the amendments to the plaint by bringing the legal heirs of the deceased defendant no.1 on record. The chamber summons was served on the learned Advocate appearing for the defendants on 6th March 2009. No reply is filed till date. 2. The learned Advocate for the defendants states that the reply was not filed because the number given to the chamber summons was not provided to her. This - 2 - cannot be a valid reason for not filing the reply to the chamber summons. In any event, to enable the parties to proceed with the suit, it is necessary to bring the heirs of the deceased-defendant no.1 on record. 3. In view thereof, chamber summons no.401/2009 is made absolute in terms of prayer clause (a). The plaintiffs to carry out the amendments on or before 4th April 2009 and to serve an amended copy of the plaint to the Advocate for the defendants forthwith. Chamber summons no.401 of 2009 is therefore, disposed of. 4. The plaintiffs are also granted leave to amend the title of chamber summons no.696/2007 for the purpose of replacing the name of the defendant no.1 by his legal heirs. Chamber summons no.696/2007 is adjourned to 8th April 2009. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]