1 chs.1285.10 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1285 OF 2010 IN SUMMARY SUIT NO.1131 OF 2010 Biotor Industries Ltd. and another. ..Plaintiffs -Versus- Maneck K. Kanga @ Bawaji. ..Defendant .......... N.P.Pandit i/b Khaitan & Jayakar, for the Plaintiffs. Chhaya Bagat a/w Priti Tane i/b A.M.Rajput & Company, for the Defendant Nos.1(a) and 1(b). K.C.Seqwira, for the Defendant No.1(d). .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 18th October, 2010. P.C. 1 Heard Mr.Pandit in support of the Chamber Summons. 2 As far as the heirs and legal representatives of the deceased Defendant are concerned, there is no dispute that the Defendant Nos.1(a) to 1(c) answer the description of the term “legal representative” in law. As far as the Defendant Nos.1(d) is concerned, Mr.Seqwira submits that there is an affidavit wherein it is stated that there is neither any relation between the deceased Defendant and the Defendant No.1(d) nor the Defendant No.1(d) could be said to be heir and legal representative of the deceased. All that Mr.Pandit would urge in answer to this is that the Defendant No.1(d) is sought to be joined on the basis that he was living with the deceased Defendant at the time of his death. 2 chs.1285.10 3 To a query as to how this would satisfy the requirement of the terms “legal representative” within the meaning of Section 2(11) of the Civil Procedure Code, Mr.Pandit could not point anything at this stage. He could not satisfy me as to how the said Defendant No.1(d) represents the estate of the deceased as legal heir and representative of the deceased. It is stated that the property is transferred in her name. However, all this is stated across the bar and there is nothing on record at this stage which shows that the Defendant No.1(d) is legal heir and representative of the deceased. Hence, the Defendant No.1(d) is not permitted to be joined as Defendant to this suit. 4 However, liberty is reserved to the Plaintiffs to join the said party on the Plaintiffs satisfying that the said party answers the description of the term “legal representative” as defined in Section 2(11) of the Civil Procedure Code. Subject to above, this Chambers Summons is made absolute in terms of prayer clause (a). Liberty is granted to amend the Notice of Motion and the suit accordingly. (S.C. Dharmadhikari, J)