IN THE HIGH COURTOF JUDICATURE AT BOMBAY CIVIL ORIGINAL JURISDICTION APPEAL NO. 441 OF 2008 IN PETITION NO. 520 OF 1990 SUIT NO. 51 OF 1990 Kiran Wamanbhai Kapadia ... Appellant. [Orig.Pltff/petitioner] Versus. Mahendra Bhagwandas Kapadia ... Respondent. [Orig.deft./caveator] Mr. Y.K.Tiwari i/b. M/s. K.P.Tiwari & Co. for the appellant. CORAM CORAM CORAM : D.K.Deshmukh and : D.K.Deshmukh and : D.K.Deshmukh and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : January 15, 2009. : January 15, 2009. : January 15, 2009. P.C. 1. By this appeal, the appellant challenges the order, dated 7.1.2008, passed by the learned Single Judge of this Court holding that the Suit has been abated against the defendant No. 1 and 2. Defendant No.1 expired in the year 2000 and defendant No. 2 expired in the year 1998. Admittedly, within the time allowed by law no application for bringing the legal representatives on record has been made. Therefore, the suit stood abated. What the learned Single Judge has done is that he merely noted that the suit has already abated. The order of the learned Single Judge does not prevent the plaintiff from taking out the notice of motion for setting aside abatement and bringing the Legal Representatives of the deceased defendants on record. Therefore, we see no merit in this appeal. The appeal is rejected. [D.K.Deshmukh, [D.K.Deshmukh, [D.K.Deshmukh, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]