1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.50 OF 2009 IN SUIT NO.3776 OF 1988 Gordhandas K. Thakkar )..Plaintiff Vs. Gaurav Batteries )..Defendant And Smt.Savitriben G.Thakkar & Ors. )..Applicants ---- Mr. V. M. Vaghela for the plaintiff. Mr. D.M. Joshi for the defendant. ---- Coram : R.S.MOHITE,J Date : 8th June, 2010 PC 1 This is a Chamber summons taken out by the applicants for amendment of the plaint in terms of schedule-`I’. It appears from the affidavit in support that the original plaintiff Gordhandas Thakkar has expired on 23.11.2008. Affidavit in support indicates that he died intestate leaving behind the three heirs named at 1(a), 1(b) & 1(c). Advocate for the defendant states that he has no objection if the Chamber summons is allowed. Advocate for the applicants further states that after the Chamber summons came to be filed, Will of the deceased has surfaced in which the legatee is the person at No. 1(a) of schedule. Since the said heir has already been mentioned in the schedule, in my view, Chamber summons can be allowed. Chamber summons is therefore, allowed in terms of prayer clauses-(a) and 2 (b). Abatement of the suit is set aside. Amendment to be carried out within a period of four weeks from today. It is made clear that the amendment will be without prejudice to the rights of the parties or defence which may be raised in the said suit. Chamber summons stands disposed off. (R.S.MOHITE,J) 3