1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMON NO.626 OF 2009 IN SUIT NO.2328 OF 2001 J. J. Ganjawala .. Plaintiff. -versus Pramila J. Ganjawala and anr .. Defendants Mr. Subodha Joshi with Mr. B. A.Bhakad for the Plaintiff. Mr. K. B. Bhambid, for the Defendant No.4. CORAM: ANOOP V. MOHTA, J. DATED: 1st February, 2010 P.C. 1. The Plaintiff has taken out this Chamber summons in a suit filed for administration of estate of the deceased father of the plaintiff and Defendant Nos 1 to 3. 2. From the date of knowledge ie 27th February, 2009 i.e after the receipt of letter from the advocate for defendant N.4, alongwith death certificates and particulars of legal heirs, plaintiff has taken out this Chamber Summons on 29th April, 2009. 2 3. The learned counsel for defendant No.4 submits that there is no case for condonation of delay as it is the plaintiff who was having full knowledge of death of sister. The Plaintiff’s case is that they were not aware of the death and they never attended the funeral ceremony of their sister as there were strained relations. Therefore, there was no knowledge of the death. The Chamber Summons is now taken out after getting details from the advocate. Considering the averments and dispute between the parties and as it revolves around the estate of the deceased father, at this stage, without going into the merit of the matter in regard to the sufficiency of knowledge as both parties are raising disputed question of facts with regard to the same. However, in the interests of justice I am inclined to grant this Chamber Summons which in my view is necessary even for proper adjudication of the suit in question. Resultantly the Chamber Summons is allowed in terms of prayer clauses (a) and (b). 4. Plaintiff to take steps within four weeks. ( ANOOP V. MOHTA, J.)