:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1611 OF 2007 IN SUIT NO. 2954 OF 2004 Anwar Hussain Habib Khan ...Plaintiffs Versus Iqbal Hussain Habib Khan & Ors. ....Defendants AND Iqbal Hussain Habib Khan and Ors....Respondents. ====== Pradeep Dube with Mr.D.R.Tiwari, Adv. for the plaintiffs. Mr.H.V.Kode Adv. for the Defendant no.1. Mr.U.V.Singh, Adv. for Defendant no.2. Mr.S.A.Sawant, Adv. for Defendant no.4. CORAM: S.C.DHARMADHIKARI, J. DATED: 10TH APRIL, 2008. P.C. P.C. P.C. : : : 1. The plaintiffs state that the Defendant no.3 to the suit has expired and the heirs are to be brought on record. That is why this Chamber Summons. :2: :2: :2: 2. The Schedule enlists the names of five persons as heirs of Defendant no.3 (since deceased). However, Mr.Sawant would urge that there are other persons who are also the heirs of Deceased Defendant no.3. It is his case that Salma Begum Habib Khan expired on 19.12.2005 and her heirs are those whose names are mentioned in a letter which has been addressed to the plaintiffs Advocate on 23.3.2006. 3. The plaintiffs Advocate does not admit this position and says that, he would like to implead those persons who are mentioned in the Chamber Summons as heirs and legal representatives of Deceased, Defendant no.3. 4. Similar issue was raised when Defendant no.2 had filed a Suit in this Court being Suit No. 3376 of 2003 wherein the Deceased Defendant no.3 was a party. He did not bring any other persons on record as heirs and legal representatives, save and except, those whose names are mentioned in the Schedule to the present Chamber Summons. The Plaintiffs Advocate in this Suit desires to follow the same course. :3: :3: :3: 5. In my view, in the light of that chamber Summons of Defendant no.2 being allowed, this Chamber Summons also will be made absolute in terms of prayer clauses (a) to (c). There is no objection to the condonation of delay nor any dispute is raised with regard to the contents in the Affidavit-in-support. The Chamber Summons is therefore made absolute accordingly. Amendment to be carried out within a period of 2 weeks. Amended plaint to be served within a period of 4 weeks after the date of carrying out amendment. Written Statement/additional Written Statement to be filed within a period of 8 weeks thereafter. 6. Mr.Sawant, appearing for Defendant no.4 has stated that this court must record his objections that the plaintiff has not impleaded all heirs and legal representatives of the Deceased, Defendant no.3. I have noted this objection and merely because the Chamber Summons is allowed, does not mean that this court has proceeded to accept the case that the persons mentioned in the Schedule to the present Chamber :4: :4: :4: Summons, are the only heirs and legal representatives of the Deceased. The plaintiff has proceeded to implead them at his own risk and therefore all contentions and objections of the Defendants including Defendant no.4 are kept open. sd/- ***********