: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.278 OF 2008 NO.278 OF 2008 NO.278 OF 2008 IN IN IN SUIT SUIT SUIT NO.471 NO.471 NO.471 OF 1990 OF 1990 OF 1990 Mr.Mohammed Taqui Nazir Hussein .. Plaintiff. Versus Islam Hussein Babu & Ors. .. Defendants. And Mrs.Khalikun Begum & Ors. .. Applicants. And Court Receiver, High Court, Bombay .. Respondents. Ms.Geeta Shastri with Mr.S.P.Srivastava for applicants. Mr.A.S.Chaurasia i/b.A.M.Saraogi for plaintiff. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 18th March, 2008. : 18th March, 2008. : 18th March, 2008. P.C.: P.C.: P.C.: 1. Heard learned Counsel for the parties. 2. After the death of the defendant No.1, it was obligatory on the part of the plaintiff to bring the heirs and legal representatives of the deceased defendant No.1 on record. The plaintiff failed to take any steps. Consequently, the heirs of the deceased defendant No.1 have come forward to get themselves impleaded and substituted in place of defendant No.1. : 2 : 3. From the date of intimation, the chamber summons is within time. The cause of action survives in favour of the legal heirs of the deceased defendant No.1. Hence, the chamber summons is made absolute in terms of prayer clause (a). So far as prayer clause (b) is concerned, the legal heirs of the deceased defendant No.1 are permitted to move independent motion and/or chamber summons to seek independent orders in the suit. 4. Insofar as rival contentions of both the parties with regard to the continuation of the agency, which was created in favour of the deceased defendant No.1 are kept open. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)