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.1179 OF 2004 CHAMBER SUMMONS NO.1179 OF 2004 CHAMBER SUMMONS NO.1179 OF 2004 IN IN IN SUIT NO.3181 OF 1996 SUIT NO.3181 OF 1996 SUIT NO.3181 OF 1996 Premji Nanji Dudha alias Gohil. ...Plaintiff V/s. Pravin Bechar Gohil & Ors. ...Defendants And Sheetal Prakash Wala & Ors. ...Respondents Ms.Manisha Shah i/b.Harakchand & Co. for Plaintiff. None for Defendants. CORAM : A.S. AGUIAR, J. CORAM : A.S. AGUIAR, J. CORAM : A.S. AGUIAR, J. DATED : DECEMBER 7, 2004. DATED : DECEMBER 7, 2004. DATED : DECEMBER 7, 2004. P.C. :- P.C. :- P.C. :- 1. Heard learned Advocate for the plaintiff. 2. Perused the affidavit of the plaintiff in support of Chamber Summons. From the affidavit filed, it is seen that there is a delay in taking steps to bring the legal heirs of deceased defendant no.9(a) because of negligence on the part of the Advocates. Plaintiff cannot be made to suffer on the ground of negligence of the Advocate. 3. In view thereof, Chamber Summons allowed. - 2 - Abatement of suit set aside. Delay in taking out Chamber Summons is condoned. Chamber Summons accordingly made absolute in terms of prayer clauses (a) and (b). Chamber Summons to stand disposed of. 4. Amendment to be carried out within two weeks. Amendment copy to be served upon the Advocate for the defendant within a week thereafter. (A.S. AGUIAR, J.) (A.S. AGUIAR, J.) (A.S. AGUIAR, J.)