1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.1191 OF 2009 IN SUIT NO.955 OF 1986 Dr. Mukund S. Warawdekar .... Plaintiffs vs Blaze Advertising Pvt.Ltd. & ors. .... Defendants Mr. U. J. Makhija with Mr.Sunil Patel for the plaintiffs. Mr.M.M. Khandeparkar i/b. M/s.Kanga & Co. for defendants 2 to 11. CORAM: ANOOP V. MOHTA, J. DATE : 2nd July, 2009 P.C.: 1 This notice of motion is taken out by the defendants in a Suit wherein by an order dated 30th September, 2003, after considering the rival contentions, allowed the chamber summons as it was within limitation and thereby the legal heirs of the plaintiffs have been brought on record and they are now prosecuting the matter. It appears that there was no much objection raised at that time and order was passed accordingly. 2 The learned counsel appearing for the defendants basically contended that there was no cause survives after the death of the executor and, therefore, the suit itself abated by operation of law upon the death of the original plaintiff and after 2 expiry of the period contemplated under Article 120 of the Limitation Act, 1963. The further contention was also raised based upon Order 22, Rule 3, sub-clause (2) of Code of Civil Procedure to support his contention. 3 The learned counsel appearing for the plaintiff, however, resisted the same mainly on the ground that such motion cannot be entertained at this stage, in view of the above fact that this court has already allowed the plaintiffs legal heirs to be brought on record. Whatever the case and objection, if any, that need to be considered in accordance with law. 4 Even otherwise, in the present facts and circumstances where the court has already passed the order and permitted the legal heirs of the said plaintiffs to be brought on record, the submission with regard to he abatement by operation of law, just cannot be re-agitated, as is done in the present motion, specially when that order remained unchallenged. There was no objection raised at the relevant time. However, keeping all points open, the defendants are at liberty to raise appropriate pleas by contesting the Suit or by taking out appropriate application. 5 In view of the above facts and circumstances, I am not inclined to grant the prayers as made in the present motion. The notice of motion is accordingly dismissed with liberty. No costs. (ANOOP V. MOHTA, J.)