IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.116 OF 2008 IN TESTAMENTARY SUIT NO.95 OF 1998 IN TESTAMENTARY PETITION NO.946 OF 1998 Osborne Dias & Anr. ..... Plaintiffs V/s. Gladys Stann .... Defendant And Mrs.Deirdre Lyra & Ors. .... Applicant. Ms.Yasmin Bhansali, for the plaintiffs. Mr.Denzil D'Mello, for the defendant. CORAM: R.Y.GANOO, J. DATED: 23rd JANUARY, 2009. P.C. 1. This chamber summons is being taken out by the applicants who claim to be the heirs of original defendant No.1 Gladys Stann. The affidavit-in-reply is filed to this chamber summons by the original plaintiff. As the chamber summons was taken up for hearing, the learned counsel Mr.Denzil D'Mello, on behalf of the applicants, states on instructions from the applicants, that the original defendant No.1 died intestate. 2. I have heard the counsel on both the sides. The said Gladys Stan was brought on record in her capacity as a Caveatrix. She was defending the suit. Since she died during the pendency of the suit, the present applicants who claim to be the heirs of original defendant No.1 are required to be brought on record so that they can step into the shoes of original defendant No.1. In view of the above, the chamber summons is required to be granted. Hence, the following order. : O R D E R : 1. The chamber summons is made absolute in terms of prayer clauses (a), (b) and (c). 2. There shall be no order as to costs. 3. The plaintiffs/original petitioners are directed to carry out amendment on or before 06-02-2009. 4. Serve upon the present applicants as well as defendant No.2 amended copy of the plaint/petition on or before 17-02-2009. 5. Suit stands adjourned to 24-02-2009 for directions. 6. Office to allow the plaintiffs/original petitioners to carry out the amendment by referring to the original order. ( R.Y.GANOO, J.)