IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.912 OF 2005 IN SHORT CAUSE SUIT NO.1937 OF 1987 Pravinchandra P.Mehta ...Plaintiff Versus S.P.G. Fine Chemicals Pvt.Ltd. & Ors. ...Defendants And Smt.Hansaben P.Mehta & Ors. ...Respondents ...... Mr.Shailesh Rajda i/b Mr.Dhirsinh Rajda for Respondents/Applicants. Mr.Ganesh Gohil i/b Mr.K.A.Sampat for Defendants 1 & 3. ....... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. OCTOBER 4, 2005. OCTOBER 4, 2005. OCTOBER 4, 2005. P.C. P.C. P.C. 1. Heard Counsel for the parties. Technically, there is delay in filing the present : 2 : Application for substitution. The delay is stated to be only one day’s delay. Indeed, no prayer for condoning delay and setting aside abatement is made, but in the interest of justice, that relief is hereby granted. 2. The Plaintiff expired on 15th April 2005. The Respondents filed present Application on 13th July 2005 but as office objection was raised and it was cured, the Chamber Summons came to be registered only on 25th July 2005. In this backdrop, as mentioned earlier, I am inclined to condone the delay and proceed to consider the relief of substitution as claimed in the Chamber Summons. 3. Insofar as that relief is concerned, the Respondents being son, daughter and wife, no objection is raised on behalf of the Defendants. 4. Accordingly, Chamber Summons is made absolute in terms of payer clause (a). Amendment to be carried out within four weeks from today. No order as to costs. : 3 : A.M.KHANWILKAR, J.