1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1147 OF 2008 IN SUIT NO.1035 OF 2008 Ashok Narayan Ransing ....Plaintiff Versus Daulatrai Ratilal Parekh & Ors. ....Defendants and Rajesh Daulatrai. Parekh & Ors. ....Respondents. Ms. M. M. Malar, Advocate for the Plaintiff. Ms. Kamdar i/b. Kavita Brid, Advocate for Defendant No.3. Mr. S. J. Saluja, AGP for Defendant No.4-MHADA. CORAM : R. V. MORE, J. DATE : 23RD NOVEMBER, 2009. P.C. : Heard learned Counsel for the Plaintiff and Defendant Nos.3 & 4, respectively. None appears on behalf of the Respondents though Bailiff's report discloses that they have been served. 2. The chamber summons is filed for permission to amend the cause title of the plaint by impleading the names of Respondent Nos. 1 to 3 as legal heirs and representative of the deceased - Defendant No.1. While taking out this chamber summons, 70 days’ delay has occurred and therefore, prayer (b) is 2 made for condonation of that delay. The chamber summons is not contested by the Respondents either by appearing before the Court or filing an affidavit in reply, though they are served and therefore, the Respondent Nos. 1 to 3 deemed to have accepted the contents of the affidavit taken out in support of the chamber summons. The chamber summons is accordingly allowed in terms of prayer clauses (a) and (b). 3. Necessary amendment to be carried out within a period of four weeks from today and thereafter, amended copy be served on the other side within a period of two weeks. 4. Needless to mention that the Defendants are entitled to file additional written statement/written statement thereafter, within a period of further two weeks. Sd/- (R. V. MORE, J.)