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 CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1624 of 2008 CHAMBER SUMMONS NO.1624 of 2008 CHAMBER SUMMONS NO.1624 of 2008 IN IN IN SUIT 3631 OF 1992. SUIT 3631 OF 1992. SUIT 3631 OF 1992. Sundri G.Lalwani & Anr. ..Plaintiffs versus Jankibai L.Jumani ..Defendant Ms.K.C.Nichani for the plaintiffs None for the defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 22nd January, 2009. DATED : 22nd January, 2009. DATED : 22nd January, 2009. P.C. 1. Packets were sent to the respondents out of which, respondent No.1 has accepted the same and acknowledgment card of the same is produced before the Court. Rest of the packets sent to respondent Nos.2 to 6 have come back with a remark "Not Claimed". This will have to be treated as good service. This being a good service, filing of affidavit of service by virtue of the above is dispensed with. 2. This Chamber Summons is taken out for bringing heirs of defendants on record. The affidavit in support mentions that the plaintiffs came to know about the death of the sole defendant -2- in the third week of September 2008, and thereafter the Chamber Summons is taken out in October 2008. Since the respondents have not opposed the Chamber Summons or have shown no response and have chosen not to receive the service of writ of summons, as such I think that this is a fit case to accept the word of the plaintiffs by which they have tendered explanation for delay. 3. I am inclined to allow the Chamber Summons. Hence the Order: ORDER . Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). . There shall be no order as to costs. . Plaintiffs to amend the plaint on or before 9.2.2009 and serve upon the defendant copy of the amended plaint as well as the fresh writ of summons. . Returnable date in the said Writ of Summons -3- is fixed as 10.6.2009. . On application made by the plaintiffs, office to issue summons expeditiously. . Suit set down for directions on 10.6.2009. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)