IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1596 OF 2008. CHAMBER SUMMONS NO.1596 OF 2008. CHAMBER SUMMONS NO.1596 OF 2008. IN IN IN SUIT NO.3107 OF 1992. SUIT NO.3107 OF 1992. SUIT NO.3107 OF 1992. Bharati Dinkar Chinai & Ors. ..Plaintiffs versus Madhukar Chimanlal Chinai & Ors. ..Defendants Mr.Denzil D’Mello for the Plaintiff Mr.P.C.Shah for the Defendant in support of Chamber Summons. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 26th Nov., 2008. DATED : 26th Nov., 2008. DATED : 26th Nov., 2008. P.C. 1. This Chamber Summons is taken out by the defendant No.1 for amending the written statement filed by the defendant No.1. This is because the original defendant No.2 has expired. Copy of the Chamber Summons is already been served upon the learned Advocate for the plaintiffs. No formal reply opposing the Chamber Summons is filed. However, learned Advocate appearing on behalf of the plaintiffs opposed grant of Chamber Summons on merits. 2. I have heard learned Advocates on both the sides. The Chamber Summons is taken out in order -2- to amend the written statement filed by the defendant No.1 in view of certain developments which have taken place on account of death of defendant No.2. The defendant No.1 cannot be prohibited from putting up his defence if certain developments have taken place after the death of the defendant No.2. In view of this, I am inclined to allow the Chamber Summons. Hence the Order. ORDER . Chamber Summons is made absolute in terms of prayer clause (a). . There shall be no order as to costs. . The defendant No.1 to carry out amendment to the written statement filed by him on or before 7.12.2008, and serve copy of the amended written statement upon the plaintiff on or before 7.1.2009. . Suit set down for issues on 12.1.2009. -3-