1 Cho-l-1180-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Order No.1180 of 2009 . in Suit No. 2944 of 2007 Mark Edward Gomes .. Plaintiff v/s. Peter Edward Gomes & Ors. ..Defendants Mr. Jayesh Bhatt for the Plaintiff. Mr. Clive D’Souza for the Defendant Nos.2, 3 and 4 CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. The defendant no.1 expired on 24.7.2009 and according to plaintiff defendant nos.2, 3 and 4 are the heirs of defendant no.1 and plaintiff wants that they be brought on record. It is also the stand of the plaintiff that he is also the heir of defendant no.1, but since he is shown as plaintiff, he need not be shown as heir of defendant by showing him as defendant. 2. This Chamber Summons is opposed by defendant nos.2, 3 and 4 by contending that defendant no.1 had executed a Will and had 2 Cho-l-1180-09.sxw appointed defendant no.4 as the executrix and had bequeathed his share to defendant no.4. According to learned Counsel for defendants, the present defendant nos.2 to 4 cannot be shown as heirs of defendant no.1. 3. After having heard learned Counsel on both sides, I am inclined to allow the chamber order. Question whether the defendant no.1 had bequeathed his share in favour of defendant no.4 can be considered and decided at the time of hearing of the suit. As of today, the court is required to bring on record heirs of defendant no.1. Hence I am inclined to allow the chamber order. Hence the order. ORDER i) Chamber Order is made absolute in terms of the prayer made in the Chamber Order. ii) Amendment to be carried out on or before 30.9.2010. Plaintiff to serve amended copy of the plaint upon defendant no.2 to 4 on or before 23.9.2010. iii) Adjourned to 4.10.2010 for directions. [R.Y.GANOO, J.]