1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 872 OF 2008 IN SUIT NO. 1574 of 2007 WITH NOTICE OF MOTION NO. 2177 OF 2007 IN SUIT NO.1574 of 2007 Kishanlal Gopaldas Punjabi .. Plaintiff versus Shyam Gopal Punjabi & ors. .. Defendants ... Mr.S.K. Mali for the plaintiff. Mr.O.B. Molankar for defendant no.1. CORAM : D.G. KARNIK, J DATED : 15th April 2009 P.C.: 1. Heard learned counsel for the applicants (proposed heirs of LRs of the plaintiff) and 2 defendant no.1. 2. The plaintiff died on 15th April 2008 at Bangalore. The present applicants have taken out this chamber summons on 18th June 2008 (within 90 days) for bringing themselves on record. The applicant no.1 is stated to be the widow and applicant nos.2 and 3 are stated to be the sons of the deceased plaintiff. They have applied for bringing themselves on record. The defendant no.1 by filing an affidavit in reply has opposed the application on the ground that the applicants are not the sole heirs of the deceased. Though he has contended that applicants are not the sole heirs he has not disclosed who according to him are the other heirs of the plaintiff. He has not disputed that the applicants are the heirs but his contention is that they are not the sole heirs. Even if it is assumed that the defendants contention that the applicants are not the sole heirs is correct, still the law does not prevent one or more heirs of the deceased to apply to bring himself on record. The heir so brought on record represents the estate of the deceased. 3. There is nothing on record to show that there is a contest between the present applicant and 3 any other person who claims to be the heir. No person has come forward claiming to be the heir of the deceased plaintiff. In the circumstances, in my view, Chamber Summons deserves to be allowed. 4. The Chamber Summons is allowed. Applicants are directed and permitted to carry out the amendment of the plaint and notice of motion within two weeks. (D.G. KARNIK, J)