-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.149 OF 2008 In SUIT NO.2683 OF 1991 Pradeep C. Mody : Plaintiff V/s. Shashikant C. Mody & Ors. : Defendants And Mrs.W.P. Mody & Anr. : Respondents ... Mr.K.H.Mody i/b. Little & Co., for the plaintiff. Ms Sneha Phene i/b. RAK Najam-Es-Sani for defendant nos.1 & 3. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 09, 2008. P.C. 1. This is a Chamber Summons for bringing L.Rs. of the deceased plaintiff on record. The applicant no.1 is the widow and the applicant no.2 is the son of the deceased plaintiff who died on 28.4.2007. The present Chamber Summons was taken out on 30.1.2008. The defendants, who are the brothers of the plaintiff, object to the grant of the Chamber Summons on the ground that it is delayed. The case of the applicant is that she had no knowledge of the pending suit and she only got knowledge from her Advocate -: 2 :- who learnt about the death of the original plaintiff from the Court Receiver’s letter dated 4.12.2007. According to the applicant, the Advocate immediately informed her after receipt of the letter dated 4.12.2007 about the pending suit and that heirs will have to be brought on record. She, therefore, made the Chamber Summons at the earliest on 30.1.2008. 2. The learned counsel for the defendants relies on the affidavit of the brother of the deceased plaintiff i.e. the defendant no.1 that on or about the third day after the death of his brother, his wife i.e. the applicant no.1 told him that she was not interested in fighting the suit against him. According to the defendants, she, therefore, had knowledge of the suit and deliberately did not file the Chamber Summons. It is difficult to presume knowledge merely on the statement of the defendants. It is likely that the applicant was still disturbed on the third day after the death of her husband and the communication said to have taken place in those circumstances as understood by the defendants cannot be relied upon. 3. In the circumstances, the Chamber Summons for bringing L.Rs. on record is hereby allowed in terms of prayer clauses (a), (b) & (c). Amendment be carried out within two weeks from today. -: 3 :- S.A. BOBDE, J.