mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1950 OF 2007 IN SUIT NO. 413 OF 2002 Housing Development Finance Corporation Ltd. .. Plaintiff versus Harpalani Jagdish H. & ors. .. Defendants ... Mr.C.M. Lokesh i/b Lex Forum for the applicant/ plaintiffs. CORAM : D.G.KARNIK, J DATED : 2nd June 2008 P.C.: 1. This application is taken out for bring the legal heirs on record of defendant no.4 Mr.Waghela. Neither the chamber summons nor any affidavit in support of the chamber summons mentions the date on which the defendant no.4 N.N. Waghela died. On enquiry, however, learned counsel for the applicant stated that defendant no.4 died in the year 2000. This fact ought to have been mentioned atleast in the affidavit but has been suppressed. 2. Affidavit only states that recently the plaintiff came to know that the defendant no.1 has expired. The date of the knowledge and the source form which the plaintiff came to know that the defendant no.4 has expired has also not been mentioned. In my view this relevant fact is suppressed. Affidavit is too vague as neither gives the date of the death nor mentions the date of the knowledge. There is gross delay of nearly 7 years which is not satisfactorily explained. Accordingly, Chamber Summons is dismissed. Suit against defendant no.4 stands abated. (D.G. KARNIK, J)