1 27 chs 924.2009.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk CHAMBER SUMMOSN NO. 924 OF 2009 IN SUIT NO. 5220 OF 1999 Shri Gopal Kapila ..Plaintiff. vs. Ink Technologists & Ors. ..Defendants. and Viks Gopal Kapila ..Applicant .... Mr.Deven Dhruve i/b Devong H. Shah for the Applicant. Mr. K.B. Nambiar for the defendant no.1. .... CORAM : D.G. KARNIK, J. DATE : 29TH APRIL, 2010 P. C. 1. This Chamber Summons has been taken out by a son of the deceased plaintiff for substituting himself in place of the plaintiff. There is a delay in taking out the Chamber Summons. However, delay has been explained in affidavit in support of chamber summons. 2. Considering the nature of the suit which is for specific performance of an agreement, in my view, grave prejudice would be caused to the applicant if he is not allowed to prosecute the suit. 2 27 chs 924.2009.doc 3. Learned counsel for the defendant no.1 submits that the suit property has already been transferred in the records of the society. The effect of transfer would be considered at the time of trial. This can be no ground for rejection of the chamber summons. 4. Learned counsel for the defendant no.1 further submits that applicant may not be a sole heir. This Court has held that on death of a party, his all heirs need not be brought on record, any one of the heirs or some of the heirs can be brought on record and would represent his estate. Therefore, the contention that the applicant may not the sole heir cannot be a ground for refusing him to be brought on record. 5. Hence, Chamber Summons is allowed in terms of prayer clauses (a), (b) and ( c). The amendment shall be carried out on or before 17th June, 2010. [ D.G. KARNIK, J. ]