JUDGMENT - KANADE V.M., J.:---Heard the learned Counsel appearing on behalf of the appellants and the learned Counsel appearing on behalf of the respondent No. 1.

2. Appellants are challenging the impugned order dated 15th September, 2003 passed by the City Civil Court dismissing the Chamber Summons which was taken out by the appellants-original plaintiffs for bringing the heirs of defendant No. 1 on record, by holding that the suit had abated and no sufficient cause was made out by the appellants-original plaintiffs for condoning the delay.

3. Brief facts are as under :-

4. Appellants filed a suit for partition of the plot of land bearing No. 36(1) and (a) situate at Majas Road, Jogeshwari (East), Bombay and 11 other chawls which were constructed on the said plot. Further relief was claimed by the plaintiffs that defendant No. 1 may be directed to render the accounts.

5. Written statement was filed by defendant No. 1. During the pendency of the suit, defendant No. 1 died on 7-3-2001. Plaintiffs filed Chamber Summons on 4-4-2002 for bringing the heirs of defendant No. 1 on record. Chamber Summon was taken out after expiry of 90 days after the death of defendant No. 1 and, therefore, th

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