1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1138 OF 2009 IN SUIT NO.3 OF 2009 Ajayprasad Hridaynarayan Tiwari .. Plaintiff Versus Kailashidevi Omkarnath Mishra .. Defendant and Omkarnath Kapildev Mishra .. Respondent Mr.E.K.Sasidharan for plaintiff and applicant in chamber summons Mr.D.R.Shah for defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : November 23, 2009. P.C.: 1] Heard Mr.Sasidharan for plaintiff. It is stated that the chamber summons is duly served on the respondents. There is an acknowledgement of service of summons on defendant No.2 and respondent. 2] Original defendant No.1 having expired, this chamber summons is taken out for bringing legal heirs and representatives of original 2 defendant No.1 on record. It is stated that the only heir and legal representatives of the deceased defendant No.1 is the respondent. In such circumstances, the chamber summons is made absolute in terms of prayer clause (a).The plaint be amended in terms of the schedule within two weeks from the date of receipt of a copy of this order. 3] In view of the disposal of chamber summons, Notice of Motion No.189 of 2009 is allowed to be withdran with liberty to fire fresh motion after amendments are carried out. (S.C.DHARMADHIKARI, J)