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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1419 OF 2004 CHAMBER SUMMONS NO.1419 OF 2004 CHAMBER SUMMONS NO.1419 OF 2004 IN IN IN SUIT NO. 2989 OF 1992 SUIT NO. 2989 OF 1992 SUIT NO. 2989 OF 1992 P.N.Gurjar ...Plaintiff Vs. Kirit Babulal Shah & Ors. ...Defendants And Saraswati K. Shah & Ors. ...Respondents ----- Mr.S.N.Vamadalal Advocate for Plaintiff Mr.B.H.Vyas Advocate for Defendants CORAM: A.S. AGUIAR,J. CORAM: A.S. AGUIAR,J. CORAM: A.S. AGUIAR,J. DATED: 19TH OCTOBER, 2004 DATED: 19TH OCTOBER, 2004 DATED: 19TH OCTOBER, 2004 P.C. P.C. P.C. . This Chamber summons is taken out by the plaintiff for amendment of the plaint by deleting the names of defendant nos.2 and 3 from the suit and bringing on record their legal heirs as mentioned in the schedule to the Chamber Summons. The plaintiff has also prayed for condonation of delay in taking out chamber summons as well as for setting aside the abatement of the suit. There is a delay of about 10 years in filing the application. The plaintiff on oath has stated that he came to know for the first time on 13th September, 2004 about the death of the defendant nos.2 and 3 when the matter came up before 2 the Court. Plaintiff has stated on oath that he was not aware of the death of the Defendant Nos.2 and 3 till then. Thereafter on making enquiries with the Advocate for the defendants Mr. Shah he obtained the date of death and the names of the legal heirs of defendant no.2 and defendant no.3. In view of the statement made in the affidavit on oath, the chamber summons allowed. . The Vakalatnama filed by the Advocate on behalf of respondents to be treated as Vakalatnama on behalf of newly added defendants. . The Chamber summons is made absolute in terms of prayer clause (a), (b) and (c). Amendment to be carried out forthwith. No orders as to cost. Chamber summons stands disposed of. . S.O. one week. *****