1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.884 OF 2009 IN SUIT NO.1570 OF 1983 Virgina A. Misquitta & Ors. .. Plaintiffs Versus Shailaja B. Sagar & Ors. .. Defendants Mr.U.J.Makhija with Prashant Ghelani and Mrs.Amisha Shah i/b. Markand Gandhi for plaintiff and in support Mr.Nimish Desai for defendant Nos. 4 to 48 CORAM : S.C.DHARMADHIKARI, J. DATE : 21st August 2009. P.C.: 1] This is a chamber summons by the plaintiffs praying for setting aside abatement of the suit against the defendant Nos.4, 7, 8, 13, 17, 23, 27, 35 and 48 and for permitting them to implead the heirs and legal representatives of these defendants who are stated to have expired during the pendency of the suit. 1 2] After having perused the chamber summons and the affidavit in support in the facts peculiar to this case and considering that there is no deliberate inaction or negligence on the part of the plaintiff, delay is condoned and the chamber summons is made absolute in terms of prayer clauses (a) to (m). 3] Considering that there is a delay in filing this chamber summons and that it is condoned, interest of justice would be sub-served if the plaintiffs pay cost quantified at Rs.2000/- to the defendants within four weeks from today. Amendments to be carried out within four weeks from today. Amended plaint be served within four weeks thereafter. Additional W.S. if any to be filed within four weeks thereafter. (S.C.Dharmadhikari, J) 1 CHAMBER SUMMONS NO.981 OF 2009 IN SUIT NO.1570 OF 1983 Virgina A. Misquitta & Ors. .. Plaintiffs Versus Shailaja B. Sagar & Ors. .. Defendants Mr.U.J.Makhija with Prashant Ghelani and Mrs.Amisha Shah i/b. Markand Gandhi for plaintiff and in support Mr.Nimish Desai for defendant Nos. 4 to 48 CORAM : S.C.DHARMADHIKARI, J. DATE : 21st August 2009. P.C. 1] This is a chamber summons by the plaintiffs seeking leave of this Court to delete the plaintiff Nos.1F(i), 1F(ii), 1F(iii) and substitute the persons enlisted at Schedule - I in their place plaintiff Nos.1F(i) and 1F(ii). 2] It is stated in the affidavit in support that these original plaintiffs who were executors under the last will and testament referred to in para 2 of the affidavit in support were also impleaded because at the relevant 1 time some of the plaintiffs were minors. Now, they have attained majority and, therefore, it is not necessary that they should be sued through their next friend or the executors in this case. 3] In these circumstances, the plaint and proceedings will have to be amended. The chamber summons is, therefore, made absolute in terms of prayer clauses (a) and (b). No costs. Amendments to be carried out within four weeks from today. Amended plaint be served within four weeks thereafter. Additional W.S. to be filed within four weeks thereafter. (S.C.Dharmadhikari, J) 1 CHAMBER SUMMONS NO.1054 OF 2009 IN SUIT NO.1570 OF 1983 WITH CHAMBER SUMMONS NO.1105 OF 2008 IN SUIT NO.1570 OF 1983 Virgina A. Misquitta & Ors. .. Plaintiffs Versus Shailaja B. Sagar & Ors. .. Defendants Mr.U.J.Makhija with Prashant Ghelani and Mrs.Amisha Shah i/b. Markand Gandhi for plaintiff Mr.Nimish Desai for defendant Nos. 4 to 48 CORAM : S.C.DHARMADHIKARI, J. DATE : 21st August 2009. P.C. 1] Perused the chamber summons and the affidavit in reply filed in Chamber Summons No.1105 of 2008. Heard the learned Counsel for parties. 1 2] In the light of the earlier order passed by this Court in this suit on 23rd January 1984 and for enabling the Court to pass a complete, proper and effective decree, the presence of respondents would be proper. Hence, the chamber summonses are made absolute in terms of prayer clause (a) so also in terms of the order passed by this Court in the present suit on 23rd January 1984 in Chamber Summons No.643 of 1983. Amendments to be carried out within four weeks from today. Amended copy of plaint be served within four weeks thereafter. Additional W.S. to be filed within four weeks thereafter. (S.C.DHARMADHIKARI, J)