1chs-826-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 826 of 2010. IN SUIT No. 703/2009 Laxminarayan Agora Gupta .. .. Plaintiff. versus Baljor P. Yadav and Anr. .. ..Defendant. And Leelavati Laxminarayan Gupta and others .. .. Applicants. And Ramjatti Ramshankar Yadav and others .. Respondents. Mr V.R.Tripathi for Plaintiff. Mr R.R.Sharma for Defendants. CORAM:- S.C.DHARMADHIKARI,J DATE :- 9th December, 2010. P.C.:- L 2chs-826-10 1. This chamber summons is moved by the plaintiff to implead heirs and legal representatives of deceased defendant No.2. In the affidavit in support, it is stated that the defendant No.2 expired on 12th November, 2008 at his native place in the State of Uttar Pradesh. However, deponent of the affidavit, namely, Ashok Laxminarayan came to know about the death of defendant No.2 on 15.5.2010 and thereafter he visited the village. In such events, he came to know that deceased defendant No.2 left behind respondent No.1 and other respondents who are his sons, as legal heirs and representative. Therefore, this chamber summons is moved on 28.5.2010. Mr R.R.Sharma, appearing on behalf of defendant no.1, invited my attention to the affidavit in reply of defendant no.1 and submits that applicant No.4, Ashok Laxminarayan Gupta, has maintained silence as to when he visited the village, when he made inquiries and who informed him about the heirs and legal representatives of the deceased. 2. In my view, even if the application is belated, such application has to be considered liberally. Defendant No.1 will always have an opportunity to oppose the claim on merits. Further, the heirs and legal representatives who were duly served, have no objection in their impleadment, even at this belated stage. All such amendments have to be allowed and the parties must be given an opportunity to prove their case on merits rather than oust them out on technical grounds. Such opportunity needs to be given in this case and I do not find any deficiency in the statements made in the affidavit in support. 3. Chamber summons is, therefore, made absolute in terms of prayer clauses (a),(b) L 3chs-826-10 and (bi). Amendment to be carried out within two weeks from the date of receipt of copy of this order. (S.C.DHARMADHIKARI,J) L