IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.24 OF 2009. CHAMBER SUMMONS NO.24 OF 2009. CHAMBER SUMMONS NO.24 OF 2009. IN IN IN SUIT NO.3173 of 2002. SUIT NO.3173 of 2002. SUIT NO.3173 of 2002. Narendra Yeshwantrai Fadia ..Plaintiff versus Kanaiyalal Yeshwantrai Fadia & Others ..Defendants and Ketan Narendra Fadia & Others ..Applicants Ms.K.Sanghavi for the plaintiffs Mr.B. Shroff i/b. Tejpal & Co. for the defendant Nos.1, 2 and 3 CORAM : CORAM : CORAM : R.Y.GANOO, J. R.Y.GANOO, J. R.Y.GANOO, J. DATED : 18th February, 2009. DATED : 18th February, 2009. DATED : 18th February, 2009. P.C. 1. Affidavit in reply filed by the defendant Nos.1 to 3 through Counsel Mr. Shroff. Counsel for the plaintiff states that the defendant No.4 is served. This Chamber Summons is taken out for bringing plaintiff’s heirs on record. The Chamber Summons is within time as the deceased died on 24.11.2008. 2. In view of the aforesaid, Chamber Summons is required to be granted. Hence the Order: -2- ORDER . Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). There shall be no order as to costs. . Applicant shall carry out the amendment as prayed for on or before 3.3.2009 and serve upon the defendant/advocate on or before 13.3.2009. . Suit set down for direction on 17.3.2009 along with pending Motion No.2795/2008. Liberty is granted to the applicants to show their names in the Notice of Motion instead of plaintiff by carrying out the appropriate amendment. Office to grant such amendment. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)