1 955.nms-2059-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2059 OF 2011 IN CHAMBER SUMMONS NO. 1406 OF 2008 IN SUIT NO. 2830 OF 2008. Mrs. Lakhbeer Kaur & Ors. ..Plaintiffs. vs. Rajpat R. Mishra. ..Defendant. .... Ms. B.J. Singh, for Plaintiffs. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD AUGUST 2011. P.C. : By this Notice of Motion, the Plaintiff has prayed that the order dated 8th April 2011 passed by this Court dismissing the Chamber Summons No. 1406 of 2008 for want of prosecution be set aside and the Chamber Summons be restored to file. 2. In paragraph 7 of the Affidavit in support of the Notice of Motion, it is stated that the Advocate for the Plaintiff was required to go to her native place since her father had suddenly expired. She was therefore unable to attend the matter on 8th April 2011. The learned Advocate for the Plaintiffs has pointed out to me that the Chamber Summons No. 1406 of 2008 was taken out for condonation of delay and for carrying out amendments to the Plaint to the extent of bringing the heirs of the Defendant on record. Though the Chamber Summons was served on the Defendant, none had appeared for the heirs of the Defendant on 8th April 2011, when 2 955.nms-2059-11 the Chamber Summons was dismissed. The learned Advocate appearing for the Plaintiff therefore submits that if the Chamber Summons is restored to file, no prejudice will be caused to the heirs of the Defendant. 3. In my view, the Plaintiffs have shown sufficient cause for setting aside the order dated 8th April 2011 dismissing the Chamber Summons for want of prosecution and restoring the said Chamber Summons to file. The Notice of Motion is therefore allowed in terms of prayer clauses (a) and (b). The Notice of Motion is accordingly disposed of. 4. Place the Chamber Summons No. 1406 of 2008 for hearing and final disposal on 23rd August 2011. The learned Advocate appearing for the Plaintiff shall forthwith serve a copy of this order on the heirs of the Defendant at their residential address by hand delivery. [ S.J. KATHAWALLA, J. ]