1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.550 OF 2004 CHAMBER SUMMONS NO.550 OF 2004 CHAMBER SUMMONS NO.550 OF 2004 IN IN IN SUIT NO.1753 OF 1983 SUIT NO.1753 OF 1983 SUIT NO.1753 OF 1983 Shah Babulal Khimji & Ors. ...Plaintiffs Shah Babulal Khimji & Ors. ...Plaintiffs Shah Babulal Khimji & Ors. ...Plaintiffs Vs. Vs. Vs. Balwantrai Gulabrai Bhatt & Ors. ...Defendants Balwantrai Gulabrai Bhatt & Ors. ...Defendants Balwantrai Gulabrai Bhatt & Ors. ...Defendants And And And Arun S/o. Banwarilal Hanumanbux Saraf ...Respondent Arun S/o. Banwarilal Hanumanbux Saraf ...Respondent Arun S/o. Banwarilal Hanumanbux Saraf ...Respondent ----- ----- ----- Mr. Thomal Almeida Adv. for Plaintiffs Mr. Thomal Almeida Adv. for Plaintiffs Mr. Thomal Almeida Adv. for Plaintiffs Mr. K.A. Sampat Adv. for Defendant No.2 Mr. K.A. Sampat Adv. for Defendant No.2 Mr. K.A. Sampat Adv. for Defendant No.2 CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. 1. The Chamber Summons is to bring the heirs of 1. The Chamber Summons is to bring the heirs of 1. The Chamber Summons is to bring the heirs of deceased Defendant No.3 on record. The Plaintiff has deceased Defendant No.3 on record. The Plaintiff has deceased Defendant No.3 on record. The Plaintiff has joined one Arun as the Respondent who, according to joined one Arun as the Respondent who, according to joined one Arun as the Respondent who, according to the Plaintiff is the son of the deceased Defendant the Plaintiff is the son of the deceased Defendant the Plaintiff is the son of the deceased Defendant No.3 Mr. Sampat states that deceased Defendant No.3 No.3 Mr. Sampat states that deceased Defendant No.3 No.3 Mr. Sampat states that deceased Defendant No.3 has died leaving behind him two sons one Arun and one has died leaving behind him two sons one Arun and one has died leaving behind him two sons one Arun and one Atul. Atul. Atul. 2. The Plaintiff contends that this Chamber 2. The Plaintiff contends that this Chamber 2. The Plaintiff contends that this Chamber Summons is delayed by only 10 days and applies for Summons is delayed by only 10 days and applies for Summons is delayed by only 10 days and applies for leave to condone the delay. Mr. Sampat contends that leave to condone the delay. Mr. Sampat contends that leave to condone the delay. Mr. Sampat contends that the delay is of 5 years because Defendant No.3 expired the delay is of 5 years because Defendant No.3 expired the delay is of 5 years because Defendant No.3 expired in 1999. The Plaintiff is shown to have knowledge of in 1999. The Plaintiff is shown to have knowledge of in 1999. The Plaintiff is shown to have knowledge of the death of Defendant No.3 on 12th December 2003, the death of Defendant No.3 on 12th December 2003, the death of Defendant No.3 on 12th December 2003, when this fact was mentioned in the Court. It is when this fact was mentioned in the Court. It is when this fact was mentioned in the Court. It is reflected in the order of Justice Sathe dated 12th reflected in the order of Justice Sathe dated 12th reflected in the order of Justice Sathe dated 12th December 2003. Hence, the delay is not of 5 years as December 2003. Hence, the delay is not of 5 years as December 2003. Hence, the delay is not of 5 years as 2 contended on behalf of Defendant No.3. The Chamber contended on behalf of Defendant No.3. The Chamber contended on behalf of Defendant No.3. The Chamber Summons is made absolute in terms of prayer clause (a) Summons is made absolute in terms of prayer clause (a) Summons is made absolute in terms of prayer clause (a) and (b). There is an error in the name of the son of and (b). There is an error in the name of the son of and (b). There is an error in the name of the son of Defendant No.3 in prayer clause (c). The word "Anil" Defendant No.3 in prayer clause (c). The word "Anil" Defendant No.3 in prayer clause (c). The word "Anil" shown as the son of Defendant No.3 is erroneously shown as the son of Defendant No.3 is erroneously shown as the son of Defendant No.3 is erroneously written. The Plaintiff shall amend the plaint to written. The Plaintiff shall amend the plaint to written. The Plaintiff shall amend the plaint to bring the heirs of deceased Defendant No.3 being two bring the heirs of deceased Defendant No.3 being two bring the heirs of deceased Defendant No.3 being two sons Arun and Atul on record. sons Arun and Atul on record. sons Arun and Atul on record. . Mr. Sampat states that the wife of Defendant . Mr. Sampat states that the wife of Defendant . Mr. Sampat states that the wife of Defendant No.3 is also surviving of defendant no.3 but he does No.3 is also surviving of defendant no.3 but he does No.3 is also surviving of defendant no.3 but he does not know the name of his wife. Mr. Sampat shall not know the name of his wife. Mr. Sampat shall not know the name of his wife. Mr. Sampat shall provide the name of wife of the Defendant No.3 to the provide the name of wife of the Defendant No.3 to the provide the name of wife of the Defendant No.3 to the Plaintiff within one week. The amendment to the Plaintiff within one week. The amendment to the Plaintiff within one week. The amendment to the plaint shall show the names of all the three heirs of plaint shall show the names of all the three heirs of plaint shall show the names of all the three heirs of Defendant No.3. Defendant No.3. Defendant No.3. 3. The copy of the plaint served upon the 3. The copy of the plaint served upon the 3. The copy of the plaint served upon the Defendants shall also be corrected within 2 weeks from Defendants shall also be corrected within 2 weeks from Defendants shall also be corrected within 2 weeks from today. N.O.C. today. N.O.C. today. N.O.C. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)