1 44 chs 1257.05.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk CHAMBER SUMMONS NO.1257 OF 2005 IN SUIT NO. 1479 OF 2002 Nanabhoy Jeejeebhoy Pvt. Ltd. & Anr. ..Plaintiffs. vs. Balhar Basara ..Defendant. and Mrs. Jaspal Balhar Basra & Ors. .. Proposed Defendants. .... Ms. S. Alemao i/b Om Prakash Shukla for the Plaintiffs. None for Defendant. .... CORAM : K.K. TATED, J. DATE : 22ND AUGUST 2011. P.C. : 1 Heard the learned counsel for the Plaintiffs. None for the proposed Defendants though they are served. Affidavit of service is on record. 2 The learned counsel appearing on behalf of Plaintiffs states that sole Defendant Balhar Basara died on 16th February, 2005. Thereafter, they received a letter dated 27th June, 2005 from deceased Defendant’s advocate stating that the original defendant expired on 16th February, 2005 leaving the legal heirs i.e. proposed Defendant nos. 1 to 4. The learned counsel appearing on behalf of Plaintiffs submit that they learnt about the death of Defendant when 2 44 chs 1257.05.doc they received letter from deceased Defendant’s advocate and therefore, there is delay in preferring the present Chamber Summons. She further submits that they have good chance to success in the present suit. Therefore, in the interest of justice delay in preferring the present Chamber Summons to be condoned and allow them to bring legal heirs on record of deceased Defendant. 3 Considering the submissions made by the learned counsel appearing on behalf of Plaintiffs and the averments made in affidavit in support of the Chamber Summons, Chamber Summons is allowed in terms of prayer clause (a) and (b) which read as under: “(a) That the Plaintiffs be allowed to delete the name of the deceased Defendant in the above suit and amend the Plaint and proceedings by substituting the names of the proposed Defendants in place and instead of the deceased original Defendant and also be allowed to carry out the consequential amendments thereto as per the draft amendments in the schedule annexed hereto. (b) That delay of 96 days for making this application may be condoned and abatement if any be set aside.” 4 Amendment be carried out within two weeks from today. 5 Chamber Summons is disposed of accordingly. [ K.K. TATED, J.]