1 40 chs 867-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk CHAMBER SUMMONS NO.1747 OF 2009 IN SUIT NO. 4015 OF 2005 Shyamji Surajbali Gupta .. Plaintiff V/s. Hariprasad Surajbali Gupta & Ors .. Defendants. And Mewalal Surajbali Gupta (deceased) L.Rs. Hemlata & Ors. .. Respondents. WITH CHAMBER SUMMONS NO.867 OF 2009 IN SUIT NO. 4015 OF 2005 Hariprasad Surajbali Gupta .. Plaintiff V/s. Ramji Surajbali Gupta & Ors .. Defendants. And Sanjay Mewalal Gupta & Ors. .. Respondents. None for the Plaintiff. (both chamber summons) Mr.J.M. D’Silva for Defendant nos. 4 and 5. CORAM : K.K.TATED, J. DATE : 24TH AUGUST, 2011. P.C. 1 Chamber Summons No.1747 of 2009 is not on board. Same is taken on board. 2 40 chs 867-09.doc 2 Heard the learned counsel appearing on behalf of Defendant nos.4 and 5. None for the Plaintiff. 3 The Chamber Summons no.1747 of 2009 taken out by the Defendants for bringing legal heirs on record of deceased Defendant no.4 to the counter-claim. It is the case of Defendants that Defendant no.4 Mewalal Surajbali Gupta expired on 7th March, 2009. The learned counsel appearing on behalf of Defendants states that for want of knowledge it remained on the part of Defendants to take out present Chamber Summons immediately. 3 Considering the submissions made by the learned counsel appearing on behalf of the Defendants and the averments made in the affidavit in support of Chamber Summons, Defendants are permitted to carry out amendment by adding the legal heirs of deceased Defendant no.4 in counter-claim. Considering these facts, Chamber Summons is made absolute in terms of prayer clause (a) which reads as under: “(a) that this Hon’ble Court be pleased to allow amendment to the Counter Claim by adding the name of the legal heirs and representatives of the Defendant no.4 to the Counter Claim the Respondents abovenamed:” 6 Though no one appeared on behalf of Plaintiff in Chamber Summons no.867 of 2009, the same is also allowed in terms of prayer clause (a) which reads as under: 3 40 chs 867-09.doc “(a) That the amendment to the Plaint and Notice of Motion as per Schedule annexed hereto be allowed.” 7 The learned counsel appearing on behalf of the Defendants undertakes to inform about this order to the advocate for the Plaintiff within two weeks from today. 8 Amendment to be carried out within four weeks from today. 9 Both the Chamber Summons disposed of accordingly. (K.K.TATED, J.)