1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1758 OF 2008 IN SUIT NO.2611 OF 2006 Sarvadaman M. Doshi and another Plaintiffs versus Bank of India and others Defendants Mr.Nimay Dave i/by Bachubhai Munim & Co. for plaintiffs. Ms.Prachi Mhatre i/by M/s.M.S.Bodhanwalla & Co. for defendant no.1. CORAM : S.J.KATHAWALLA, J. DATE : 16th March 2011 PC : 1. By this Chamber Summons the plaintiffs seek setting aside the abetment of the suit against defendant no.3 and permission of this Court to allow the plaintiffs to delete the name of original defendant no.3 (since deceased) and to bring on record respondent nos.1 to 4 in their capacity as heirs and legal representatives of the deceased defendant no.3. The defendant no.3 expired in or about November 2007. However, for the reasons set out in paragraph no.21 of the affidavit-in-support of the Chamber Summons, the plaintiff could not take out a Chamber Summons for the aforestated reliefs in time. The learned advocate for the defendant no.1 submits that the defendant no.1 has no objection if the Chamber Summons is allowed. The remaining defendants as well as the respondents have not appeared before this Court though served. They have also not filed any reply to the Chamber Summons. 2. In view thereof, the Chamber Summons is allowed in terms of prayer clauses (a) to (c). Amendment to be carried out within two weeks from today. A copy of the amended plaint shall be forthwith forwarded by 2 the advocate for the plaintiff to the advocates for the defendant nos.1 to 5 and to respondent nos.6 and 7 i.e. the newly added defendants, directly. The Chamber Summons is disposed of. (S.J.KATHAWALLA, J.)