1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1243 OF 2008 IN SUIT NO.914 OF 1984 Kishore Kanungo and Anr. .. Plaintiffs Versus Champa Maganlal jadhavji & Ors. .. Defendants and Smt.Sudhaben Jaswantrai Nagrecha.. Respondent Ms.D.Deshmukh i/b. Bilawala & Co. for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 18th October 2008 P.C. . By consent Chamber Summons No.1243 of 2008 is placed on board. Perused the chamber summons and the affidavit in support. Heard learned Counsel for parties. 2. Considering the law laid down by the Hon’ble Supreme Court in a latest decision in the case of Perumon Bhagvathy Devaswom Perinadu 2 Village Vs. Bhargavi Amma (Dead) by Lrs. and Ors. reported in (2008) 8 S.C.C. 321, reiterating earlier view that liberal principles have to be applied when the plaintiff is unaware of the death of one of the parties, the chamber summons is allowed and made absolute in terms of prayer clauses (a) and (b). The plaint is permitted to be amended in terms of the schedule. Amendments to be carried out within two weeks from today. Learned Advocate for the deceased defendant states that she will waive service of the writ of summons on behalf of newly added defendants, who are heirs of the deceased defendant. At her request, four weeks’ time is granted to file additional written statement. The same shall be filed after receipt of the amended plaint. S.O. 15th December 2008 for framing issues. 3 (S.C.Dharmadhikari, J)