abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1040 OF 2001 IN SUIT NO. 3287 OF 1991 Syndicate Bank .. Plaintiff V/s M/s Jefferson Polymers & Chemicals Pvt. Ltd. & Ors. .. Defendants Mrs.Pramila S. Bhaingade i/b Mr.M. Janardhan for the applicant-plaintiff. CORAM : D.G. KARNIK, J. DATE : 22ND APRIL 2009 P.C. P.C. P.C. : 1. This chamber summons is taken out by the plaintiff for setting aside the order of abatement of the suit qua defendant no.2. The suit has already been decreed against defendants nos.1, 3, 4 and 5 on 6th March 1995. The suit was however continued against defendant no.2. On the death of defendant no.2, his heirs were not brought on record. After the expiry of - 2 - the period of limitation of 90 days, the suit against defendant no.2 stood abated. The present chamber summons has been taken out for setting aside the abatement and bringing the heirs of defendant no.2 on record. 2. In para 7 of the affidavit in support of the chamber summons, it is stated that the plaintiff was informed by the wife of defendant no.2 of his death. The plaintiff has omitted to mention when the wife of defendant no.2 informed of his death. In my view, this is material omission and an adverse inference would have to be drawn against the plaintiff for its omission. 3. The delay is gross and of more than 14 years. In my view, the delay is not satisfactorily explained. I therefore decline to condone the delay in making the application for setting aside the abatement and bringing the heirs of defendant no.2 on record. 4. The chamber summons is accordingly dismissed. 5. As the suit against the sole surviving defendant has abated, the suit shall stand disposed off. (D.G. KARNIK, J.)