*1* CHS-342-09.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.342 OF 2009 IN SUIT NO.793 OF 2006 Jerome Joseph D’Souza ... Plaintiff V/s. Narvada Prashad S. Mishra & Ors. ... Defendants And Joseph Pereira & Ors. ... Respondents Mr. S.J. Chaurasia, i/b. M/s. Ashoka Law Firm, for the Plaintiff. Mr. Iman Calcuttawala, A.G.P., for Defendant No.12. Ms. Jayshri Patil, h/f. Mr. Rajesh Singh, for Respondent Nos.1, 2 and 6 to 11. CORAM : S.C.DHARMADHIKARI, J. DATE : 28 th November, 2011. P.C. : 1. Mr. Chaurasia, the learned Counsel appearing in support of this Chamber Summons, states that it is filed for amendment so as to enable the Plaintiff to bring on record the heirs and legal representatives of the deceased Defendant No.3 Mrs. Rosy John Pereira. 2. The affidavit-in-support sets out that the deceased expired after the execution of the Suit. The details of the heirs and legal representatives are then mentioned in the Schedule to the Chamber Summons so also the affidavit-in-support. Mr. Chaurasia states that these heirs are impleaded as *2* CHS-342-09.sxw Respondents and each one of them is duly served. The affidavit-of-service has been filed on 19th July, 2010, which discloses that the service has been effected by the Clerk in the office of the Plaintiff's Advocate M/s. Ashoka Law Firm by personally visiting the residence of the Respondents. They have accepted the Chamber Summons and the affidavit-in-support and acknowledged the receipt thereof. 3. In such circumstances and when there is no affidavit controverting the statements in the affidavit-in-support of this Chamber Summons and that the Chamber Summons being moved as early as in 2009, it is made absolute in terms of prayer clauses (a) to (c). 4. Amendment be carried out within a period of two weeks from the date of receipt of a copy of this order. 5. There shall be no order as to costs. (S.C. Dharmadhikari, J.)