1 906.chs-1275-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO. 1275 OF 2010 IN SUIT NO. 3185 OF 2003. Hamid Khan Mahamad Khan Pathan. ..Plaintiff. vs. Nazmunnisa Aziz Khan & Ors. ..Defendants. And Afzal Khan Aziz Khan &Ors. ..Respondents. .... Dr. M. Shah Alam Khan, for Plaintiff. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH OCTOBER 2011. P.C. : This Chamber Summons is taken out to implead the Respondent Nos. 1A and 1B to the Suit being legal Representatives of the deceased Defendant No.1. 2. Heard the learned Advocate appearing for the Plaintiff. The Defendant No.1 admittedly expired in February 2004. No relief seeking condonation of delay is sought nor is it explained in the Affidavit in support of the Chamber Summons as to why the Chamber Summons is taken out six years after the demise of the Defendant No.1. 3. In view of the above, the learned Advocate appearing for the Plaintiff seeks to withdraw the Chamber Summons with liberty to file a fresh Chamber Summons. The Chamber Summons is disposed of as withdrawn with liberty as sought. [ S.J. KATHAWALLA, J. ]