1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBERSUMMONS NO.1609 OF 2008 IN SUIT NO.1183OF 2007 Probal Sudhangshu Ray ...Plaintiff Vs. Bina Sudhangshu Ray & Ors. ...Defendants Mr.Yashodhan A. Sakhare for Plaintiff Mr. S.M. Dange for Defendant No.1 Mr. A.H.Palekar for Defendant No.2 CORAM: SMT.ROSHAN DALVI, J. DATED: 24 TH OCTOBER, 2008 P.C. 1. The Defendant No.1 is the mother of the Plaintiff. The Defendant No.2 is the purchaser in respect of the suit property. The essential dispute is between the Plaintiff and the Defendant NO.2. The Defendant No.1 has expired on 1st August, 2008. The Defendant No.1 has not left any other natural legal heir and representative. She is stated to have left behind the Will and appointed an Executor thereunder. No application for probate of the Will is yet made. The Chamber Summons is taken out well within tim. In fact the Plaintiff was required to obtain only the Chamber order from the Prothonotory and Senior Master as per the High Court 2 Rules (O.S.). Plaintiff is the only legal heir and representative of Defendant No.1. Only an entry to that effect is required to be made in the plaint and proceedings. The representation of the estate of Defendant No.1 as per her Will through her Executor may be made after probate of the Will is granted. Until that is done the Plaintiff shall be shown in his individual capacity as the Plaintiff as also as the heir and legal representative of his deceased mother. The name Defendant No.1 shall be deleted. The lis shall continue between the Plaintiff and Defendant No.2 as before on merits. 2. The Defendant NO.3 has been added in this dispute through inadvertence. The name of Defendant No.3 is also allowed to be deleted. 3. The Plaintiff shall amend the plaint accordingly within 4 weeks from today. The Plaintiff shall also amend the copy of the plaint served upon the Defendant No.2. 4. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)