1 S.1444.05.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1444 OF 2005 WITH NOTICE OF MOTION NO. 3823 OF 2006 Malati Purshottam Joshi. ... Plaintiff. V/s. Shridhar Purshottam Joshi & Ors. ... Defendants. Mr. P.N. Patwardhan for the Plaintiff. Ms. Sudeshna Guha Roy i/b. M/s. Vidhii Partners for Defendant 1. CORAM : R.Y. GANOO, J. DATED : 29th SEPTEMBER 2010. P.C. :- The Plaintiff expired on 6th April 2009. His heirs filed a Chamber Summons No.1542 of 2009 styled as the Applicant to come on record in place of the deceased Plaintiff. That Chamber Summons was granted in terms of order dated 29th September 2009. Time to carry out amendment was granted which expired and that Court again granted extension of time to carry out amendment on 7th November 2009. That time also expired on 29th November 2009. Record shows that after 29th November 2009, no request is made to the Court for extension of time. 2. Learned Counsel Mr. Patwardhan stated across the bar that none of the Applicant contacted him and that is how the 2 S.1444.05.sxw order dated 29th September 2009 bringing the Applicant on record in place of original Plaintiff has not been acted upon and has not been carried out. All this will go to show that today there is nobody who has come in the place of the Plaintiff. With the result, it is necessary to pass an order that the Suit has abated. 3. Learned Counsel Mr. Patwardhan stated that time of about two weeks be granted so that he would contact all or any of the Applicants and ask them to take further steps to come on record. This request is rejected because none of the Applicants have come forward to carry out amendment in the plaint. Sufficient time has elapsed. 4. In view of the above, following order is passed in the Suit :- (i) The Suit abates on account of death of the Plaintiff and not complying with the orders in the Chamber Summons to bring the Applicants on record. (ii) There shall be no order as to costs. 5. In view of the above, Notice of Motion No.3823 of 2006 being main Motion in the Suit is dismissed on account of the dismissal of the Suit. There shall be no order as to costs. (R.Y. GANOO, J.)