IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.230 OF 2008 IN SUIT NO. 4731 OF 2000 Punjab & Sind B:ank... ...... ......Plaintiff. V/s M/s.Abacus Computers Ltd. & Ors. And Mrs.Asha P. Madia & Ors. ...... ......Defendants. Mr.K.H.Mody i/by M/s.Haridas & Co., Adv. for the plaintiff. None for the defendants. CORAM: A.P.DESHPANDE, J. 23.6.08 PC: Leave to amend prayer clause with a view to enable learned counsel to make specific prayer for condonation of delay in bringing the LRs of the defendant on record and setting aside the abatement is granted. Amendment to be carried out forthwith. This is a suit filed by plaintiff-bank against defendants for recovery of amount advanced t the defendants. Defendant No.2 expired on 17.7.05. According to the plaintiff it came to know about the fact of death of defendant No.2 on 17.1.08 when counsel for defendant No.1 made statement before the Prothonotary that defendant No.2 had expired. Thereafter the plaintiff-bank made enquiries and filed present chamber summons with a view to bring LRs on record. Perused the reason for delay 1 which is stated in para 3 of chamber summons. Despite service respondent Nos. 2a, 2b and 2c are absent. No reply is filed controverting affidavit in support of chamber summons. In the result in the interest of justice chamber summons is allowed. Delay is condoned. Abatement is set aside and LRs of deft. No.2 are directed to be brought on record as defendants 2a, 2b and 2c. Amendment to be carried within a period of two weeks. Chamber summons stands disposed of. 23.6.08 2