KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1465 OF 2009 IN SUIT NO.418 OF 1997 Anil Sonaba Jagdale .. Plaintiff V/s. Rashimkumar Jivraj & Ors. .. Defendants ---- Mr.D. D. Singh for the Plaintiff. Mr.U.J.Makhija i/by M/s.Mansukhlal Hiralal & Co. for the defendant no.3 Ms.Mugdha Jadhav AGP for State. ---- CORAM : R.S.MOHITE, J DATE : JUNE 29, 2010 P. C.: 1 This is a Chamber summons for bringing the heirs of defendant no.1 on record. It appears that defendant no.1 expired prior to the filing of the suit in the year 1985. According to the plaintiff, suit came to be filed in the year 1997 without knowledge of the fact of the death of defendant no.1. From the affidavit in support, it appears that the plaintiff’s previous Advocate was informed about the death of defendant no.1 by a letter in the year 1998. Though the present Chamber summons is filed in the year KJ 2 2009, the averments made by the plaintiff is that his previous Advocate did not inform him about the death of defendant no.1. In so far as main suit is concerned, the admitted position is that the trial has not commenced. Though there appears to be some negligence on the part of the plaintiff and his previous Advocate, in the interest of justice, the amendment can be allowed. In the circumstances, delay in filing Chamber summons is condoned and the Chamber summons is allowed in terms of prayer clause-(c). Amendment to be carried out within a period of four weeks. Chamber summons is allowed subject to payment of cost of Rs. 5000/- which will be paid to the defendant nos.7, 8 & 9 by the plaintiff since they have engaged an Advocate. The cost would be payable through an Advocate on record within a period of four weeks from today. Chamber summons stands disposed off accordingly. (R.S.MOHITE,J.) KJ 3