: 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 SUIT SUIT SUIT NO.3840 OF 1989 NO.3840 OF 1989 NO.3840 OF 1989 Central Bank of India .. Plaintiffs. Versus Marks Camil Menezes .. Defendant. Mr.Vipul Bilwe i/b.M/s.Mulla & Mulla & CB & C for plaintiffs. Mr.S.Joshi i/b.S.R.Saudagar for defendant. CORAM CORAM CORAM : V.C.DAGA, J. : V.C.DAGA, J. : V.C.DAGA, J. DATE DATE DATE : 8th January, 2008. : 8th January, 2008. : 8th January, 2008. P.C.: P.C.: P.C.: 1. Heard learned Counsel appearing for parties. 2. The sole defendant has expired on 13th October, 1997. Almost more than 10 years having been passed, the Advocate for the plaintiffs has not taken any steps to substitute the name of the deceased defendant. On 11th December, 2007, this fact was also recorded in the order : 2 : of this Court. The plaintiffs had sought time to take steps to substitute the name of the deceased defendant and were granted four week’s time. 3. It is declared that the suit has already abated. Accordingly, suit stands disposed off as abated with no order as to costs. (V.C. (V.C. (V.C. DAGA, J.) DAGA, J.) DAGA, J.)