1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 852 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1048 OF 2009 Imaculata Co-op. Hsg. Socy. Ltd. ... Appellant v/s Mrs.Imaculate Joseph Crasto & ors. ... Respondents Mr.Denzil D’Mello for the appellant. Mr.R.J.Pareira for respondent No.3. Mr.P.S.Bhosale with Pritesh Patel i/by M/s.Jhangiani, Narula & Asso. for respondent Nos.4 to 13. CORAM: SMT.NISHITA MHATRE, J. DATED: 15TH FEBRUARY, 2010 P.C.: 1. The appeal from order has been filed against the order passed on 16.4.2009 by the City Civil Court. By this order, a chamber summons filed by the appellant for an amendment of the plaint on account of the death of respondent No.1 has been dismissed. The reasons for dismissing the same are that the chambers summons has been filed after a long delay and no prayer had been made for condoning the delay or for setting aside the abatement. 2 2. Notices were issued to the respondents by the order of this Court dated 1.10.2009. The respondents were put to notice that the appeal could be disposed of finally at the stage of admission. All the respondents except respondent No.2 are represented by advocates. 3. A perusal of the prayers in the chamber summons indicate that the appellant had sought condonation of delay in filing the chamber summons. Besides this, there was a prayer for setting aside the abatement of the suit. Surprisingly, the City Civil Court has not noticed these prayers while dismissing the chamber summons. 4. Hence, the impugned order is set aside. The appeal from order is allowed. 5. Chamber Summons No. 374 of 2008 is allowed in terms of prayer clauses (a), (b), (c) and (d). 6. Amendment to be carried out within four weeks from today. 7. In view of disposal of the appeal from order, the civil application does not survive and stands disposed of. 3 4