AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.493 OF 2007 IN SUIT NO.937 OF 1981 Dr. Narayan Kisanlal Malpani & Ors. ... Plaintiffs Vs. M/s. Jamshedji Rustomji Devidas & Jani & Merchants. ... Defendants Mr. R.R. Nagda for the plaintiffs. Mr. F. Dubash with Mr. M.S. Doctor i/b Federal & Rashmikant for the defendants. CORAM : SMT. RANJANA DESAI, J. DATED : OCTOBER 25, 2007. P.C.:- 1. This chamber summons is not on board. By consent of the parties, it is taken on board. 2. This chamber summons is taken out for bringing the heirs of plaintiff 2 on record. AJN 2 3. Heard learned counsel for the plaintiffs and learned counsel for the defendants. Learned counsel for the defendants says that it is the case of the plaintiffs that the right to sue does not survive. 4. The chamber summons is made absolute in terms of prayer clause (a). However, the contention raised by the learned counsel for the defendants that right to sue does not survive, is kept open. Amendment to be carried out within two weeks from today. Chamber summons is disposed of. [SMT. RANJANA DESAI, J.]