: 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.322 OF 2009 SUMMONS NO.322 OF 2009 SUMMONS NO.322 OF 2009 IN IN IN SUIT SUIT SUIT NO.684 OF 1971 NO.684 OF 1971 NO.684 OF 1971 Thomas More Pereira ...Plaintiff V/s. Municipal Corporation of . Greater Bombay & Ors. ...Defendants Mr.S.S. Deshmukh i/b. D.R. Jhuriya for the Plaintiff. Mr.R.Y. Shirsikar for Defendant Nos.1 to 5. Mr.Mahendra Shah, Sr. Counsel, a/w. Mr.R.A. Shah i/b. Mansukhlal Hiralal & Co. for Defendant No.12. Mr.A.M. Saraogi for Defendant Nos.18, 20 and 21 in support of the Notice of Motion. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 26TH FEBRUARY, 2009. : 26TH FEBRUARY, 2009. : 26TH FEBRUARY, 2009. P.C.: P.C.: P.C.: 1. This Chamber Summons is taken out by Defendant No.18 who has not filed any written statement. The Defendant No.18 it seems is now trying to make her own submissions on factual aspects of the case. She is trying to submit to the Court that during those days the property was neglected by her brother and others and the property was then liability to a family etc. : 2 : 2. The Chamber Summons does not deserve favourable consideration for two reasons i.e. the facts that are sought to be brought on record through this written statement are hardly relevant to the issues involved in the suit and secondly there is enormous delay in filing the written statement. The Defendant No.18 is a grown up daughter of the original Plaintiff. Even when the suit came to be filed in 1971, she was major. She is even elder to the present Plaintiff who recorded his deposition at the age of 70 years. 3. The Chamber Summons stands dismissed. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]