: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.725 OF 2007 SUMMONS NO.725 OF 2007 SUMMONS NO.725 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.1379 OF 2004 SUIT NO.1379 OF 2004 SUIT NO.1379 OF 2004 Man Singh Baid ...Plaintiff V/s. Devendra R. Banthia & Ors. ...Defendants And Tej Singh Baid ...Applicant And Vijay Singh Baid & Ors. ...Proposed Def. Mr.S.C. Naidu a/w. Mr.S.R. Ingale and Mr.N.P. Dalvi, Advocates, for the Plaintiff. Mr.J.N. Tripathi, Advocate, for the Defendants. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 30TH AUGUST, 2008. : 30TH AUGUST, 2008. : 30TH AUGUST, 2008. P.C.: P.C.: P.C.: . One of the legal heirs and representatives of the Plaintiff took out this Chamber Summons for bringing him on record as a Plaintiff due to the death of the original Plaintiff and for bringing his co-legal heirs and representatives on record as Defendants. The applicant is also aware that the Defendant No.2 is dead but he has preferred not to bring his legal heirs on record. The changes and amendments to the pleadings are sought through : 2 : this Chamber Summons. The learned Counsel for the Defendants has no objection for allowing the Chamber Summons. The Chamber Summons deserves to be allowed also because the cause of action would survive in favour of the Plaintiff’s legal heirs and the Defendant No.2’s legal heirs are not proper and necessary parties. 2. In the peculiar facts and circumstances of the case, the Chamber Summons is made absolute in terms of prayer clause (a). The learned Counsel for the Plaintiff is permitted to delete the name of Defendant No.2 from the list of the Defendants. The learned Counsel for the Plaintiff shall cause amendment and serve the copies of the amended plaint on the Defendants within a period of four weeks from today. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]