1 chs1170-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1170 of 2010 . in Suit No. 5063 of 1999 Arun Madhavrao Khot .. Plaintiff v/s. Aparna Prabhat Khot & Anr. ..Defendants And Bharatiya Arogya Nidhi ..Applicants Mr.Ajay Panicker and Mr. Satish Upadhyay i/b. Ajay Law Associates for the Applicants in Chamber Summons. Mr.S.K.Chari i/b.M.V.Kini & Co. for the Defendant nos.1 and 2 CORAM : R.Y.GANOO, J. DATED : 7th September , 2010 P.C. : 1. This Chamber Summons has been taken out to bring applicants on record on the ground that according to the applicants, the original plaintiff Arun, who is no more has executed a Will and under the said Will the suit property is bequeathed to the applicant. The court is informed that there are certain persons who are the heirs of original plaintiff in accordance with law of succession, by which the original 2 chs1170-10.sxw plaintiff was governed. If this be so, those heirs must be brought on record. Counsel for the plaintiff submits that the legatee also can be termed as legal representative and therefore the applicant should be brought on record. 2. At this juncture, I do not wish to express any view about the stand of the plaintiff that legatee can be termed as heir. One thing is sure that persons who are the heirs of deceased plaintiff, will have a right to come on record and prosecute the suit. In view of this, Chamber Summons is allowed to be withdrawn with liberty to take out fresh Chamber Summons for bringing heirs of original plaintiff on record. 3. If present applicant also wants to come on record, at that time question whether legatee in Will executed by the original plaintiff can be termed as legal representative will be considered. 4. Chamber Summons is allowed to be withdrawn with liberty as granted earlier. There shall be no order as to costs. [R.Y.GANOO, J.] 3 chs1170-10.sxw