1 Ch-summons-1804 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.1804 of 2010 IN Suit No.3197 of 2008 Maniben Kalyanji Bhagat (deceased) .. .. Plaintiff V/s. Hitesh Suresh Bhagat & ors. .. .. Defendants And Vinod Kalyanji Bhagat & anr. .. .. Applicants And Mrs.Vandana Ramesh Mota .. .. Respondents Mr.Bipin Joshi for Plff. & Applicants. Mr.Sanjay Jain with Mr.Lalit Jain for Deft.No.1. Mr.Ramesh Jain for Res.No.2. Mr.Amit Seth for Res.No.1. Ms.Deepa Kamat for Deft.No.5. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 14th January 2011 P.C. : 1.The Plaintiff has expired. The Plaintiff s suit is for administration of the estate of her deceased son Suresh Bhagat. On the death of the Plaintiff, her heirs and legal representatives would be entitled to sue in her place. Applicant No.1 and Respondent No.2 are her sons and Respondent No.1 is her daughter. Applicant No.1 2 Ch-summons-1804 seeks to be the Plaintiff in the suit. Respondent Nos. 1 and 2 are sought to be made party Defendants. Applicant No.2 also seeks to be a party Plaintiff but not as an heir and legal representative of the deceased of her intestacy. Applicant No.2 claims under a Codicil of the deceased dated 3 rd March 2010 in which he is appointed a sole executrix of the estate of the Plaintiff. Applicant No.2 has not filed a Testamentary Petition for propounding the Will and Codicil. Hence at present, Applicant No.2 has no right to sue and the cause of action cannot survive to Applicant No.2. Consequently, Applicant No.1 and Respondent Nos.1 and 2 must be made party Plaintiffs and party Defendants. Applicant No.1 shall be the Plaintiff in the place and stead of the original Plaintiff. Respondent Nos.1 and 2 shall be Defendant Nos.8 and 9 in the suit. Applicant No.2 would be entitled to take out her application to be joined as a party Plaintiff, if she so desires, upon filing of her Probate Petition. The Plaintiff shall make the necessary amendments in the Plaint to show Applicant No.1 as the Plaintiff and Respondent Nos.1 and 2 as Defendant Nos.8 and 9. 2.The Chamber Summons is disposed of accordingly. 3.Defendant No.1 has taken out his Notice of Motion. In view of the amendments sought by the Applicants and 3 Ch-summons-1804 Respondent Nos.1 and 2, the title of the Notice of Motion shall also have to be amended. Defendant No.1 shall be entitled to amend the title of the Notice of Motion taken out by Defendant No.1. 4.The Plaintiff shall carry out the amendments in the copy of the Plaint served upon the Defendants. 5.Defendant No.1 shall carry out the amendments in the copy of the Notice of Motion served upon the Plaintiff. 6.The Plaintiff shall then carry out the amendments in the copies of the Notice of Motion served upon other Defendants. (SMT.ROSHAN DALVI, J.)