1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPEALLATE SIDE JURISDICTION APPEALLATE SIDE JURISDICTION APPEALLATE SIDE JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1780 OF 2003 CHAMBER SUMMONS NO.1780 OF 2003 CHAMBER SUMMONS NO.1780 OF 2003 IN IN IN SUIT NO.1070 OF 1985 SUIT NO.1070 OF 1985 SUIT NO.1070 OF 1985 M/s. Amar & Company ..Plaintiffs Vs. M/s. H.D. Traders & Ors. ..Defendants ----- Mr.S. Khawaekar with Mr. U.G. Wagle for Plaintiffs None for Defendants CORAM: S.U.KAMDAR,J. CORAM: S.U.KAMDAR,J. CORAM: S.U.KAMDAR,J. DATED: 18TH JANUARY, 2005. DATED: 18TH JANUARY, 2005. DATED: 18TH JANUARY, 2005. P.C. P.C. P.C. . Present chamber summons is taken out for bringing the legal heirs on record of the deceased defendant no.2. The chamber summons has been served upon the proposed defendants but none appears for the same. Though the defendant no.2 has expired in 1998, the intimation was given only in November, 2003 therefore, the chamber summons is in time. The learned Advocate for plaintiffs undertakes to file affidavit of service by tomorrow i.e. on 19th January, 2005. . In view of the aforesaid, chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks. 2 JUDGE JUDGE JUDGE