Priti Viraj Mehta And ANR v. Jyoti Shirish Shah And 4 ORS And Viraj Mehta And Aditya Mehta(Applicants)

kvm 1/2 26-CHS1648.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1648 OF 2016 IN SUIT NO. 969 OF 2015 Viraj Mehta & Anr.

..... Applicants

IN THE MATTER BETWEEN

Mrs.Priti Viraj Mehta & Anr.

..... Plaintiffs

VERSUS

Mrs.Jyoti Shirish Shah & Ors.

..... Defendants Mr.T.N.Tripathi for the Plaintiffs.

Mr.P.Shah, i/b. M/s.Mulla & Mulla & Craigie Blunt & Caroe for the Defendant no.1.

Ms.Shirin Shaikh, i/b. Raval Shah & CO. for the Defendant no.3. CORAM : R.D. DHANUKA, J.

DATE : 30th OCTOBER, 2017 P.C.

By this chamber summons, the applicant seeks condonation of delay of 30 days in filing chamber summons, for setting aside abatement of the suit by the plaintiff no.1 and for seeking amendment and to bring the legal heirs of the plaintiff no.1 on record. I have heard learned counsel for the applicant and the contesting defendants. No affidavit in reply has been filed. The applicant has sufficiently explained the delay of 30 days in filing the chamber summons and for seeking other reliefs in the chamber summons.

kvm 2/2 26-CHS1648.16 2.

For the reasons recorded in the chamber summons, chamber summons is made absolute in terms of prayer clauses (a) to (e). Amendment to be carried out within two weeks from today. Amended copy of the plaint shall be served upon the defendants' advocates within one week from the date of carrying out amendment. No order as to costs.

(R.D.DHANUKA, J.)