1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMONS NO. 755 OF 2009 IN SUIT NO. 1296 OF 1991 Syndicate Bank .. Plaintiff V/s M/s Shakti Enterprises & Ors. .. Defendants Ms. Pramila Bhaigade i/b Mr. M. Janardhan for the plaintiff. Mr. B.R. Zaveri for the defendants. CORAM : D.G. KARNIK, J. DATE : 29TH JUNE 2009 P.C. : 1. Heard. 2. This chamber summons has been taken out by the plaintiff for bringing the heirs of the deceased defendant no.2 on record. The chamber summons has been filed on 5th May 2009. The defendant no.2 has died on 15th February 2001. The fact of his death was intimated by the advocate for the defendants on 14th March 2009. Though the affidavit in support of the 2 chamber summons was sworn on 19th March 2009, the chamber summons has been actually filed in the Court on 5th May 2009. This delay is not explained. There is also no prayer for setting aside the abatement nor a prayer for condonation of delay. The chamber summons has also not been served. 3. The aforesaid facts show gross negligence on the part of the plaintiff. Even though the suit has abated, there is not even a prayer made for setting aside the abatement nor is there a prayer for condonation of delay in making an application for setting aside the abatement. In the circumstances, the chamber summons is dismissed. (D.G. KARNIK, J.)