kbp 1 1278-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1278 OF 2009 IN SUMMARY SUIT NO.2748 OF 1995 Sheila Dyer ..Plaintiff Vs. M/s.Om Computers and ors. ..Defendants And Deirdre Lyra ..Applicant ......... Mr.S.C.Naidu a/w.Mr.N.P.Dalvi i/b.Mr.C.R.Naidu & Co., for applicant. Ms.Swapnila Rane, for defendant no.3. ......... CORAM : A.S.OKA, J. DATE : 9 th December, 2009. P.C. : 1] Heard learned counsel for the applicant in support of the chamber summons. The learned counsel for the applicant states that the notice of chamber summons has been served to the first defendant. He stated that the second defendant has since died. He has tendered on record a true copy of the will of the original plaintiff which shows that the applicant has been appointed as the sole executrix. I have heard learned counsel for the third defendant. 2] The chamber summons is taken out to bring on record the applicant as the legal representative of the plaintiff who died on 14 th July, 2009. The prayer is kbp 2 1278-09.sxw for bringing her on record in the suit and in the execution application. As far as the third defendant who is objecting to the chamber summons is concerned, there is already a decree passed in the suit, and therefore, the provisions of Order XXII will not apply in view of Rule 12 thereof. 3] In view of the averments made in the chamber summons, the same deserves to be made absolute. Chamber summons is made absolute in terms of prayer clauses (a) and (b). 4] Amendment be carried out within six weeks. Requirement of re- examination is dispensed with. ( A.S.OKA, J. ) kbp 3 1278-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.658 OF 2009 IN EXECUTION APPLICATION NO.206 OF 1999 IN SUMMARY SUIT NO.2748 OF 1995 Sheila Dyer ..Applicant Vs. M/s.Om Computers and ors. ..Defendants ......... Ms.Vanita Kakar, for applicant. Ms.Swapnila Rane, for defendant no.3. ......... CORAM : A.S.OKA, J. DATE : 9 th December, 2009. P.C. : 1] Learned counsel for the applicant in support of the chamber summons states that the applicant is of desirous of leading the evidence and the affidavit in lieu of the examination-in-chief along with original documents will be filed within four weeks. 2] Affidavit and the documents be filed on or before 25 th January, 2010. The chamber summons be fixed on 28 th January, 2010 for recording of evidence. ( A.S.OKA, J. )