rpa 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 APPELLATE JURISDICTION ORDINARY ORIGINAL APPELLATE JURISDICTION ORDINARY ORIGINAL APPELLATE JURISDICTION CHAMBER SUMMONS NO.1074 OF 2008 CHAMBER SUMMONS NO.1074 OF 2008 CHAMBER SUMMONS NO.1074 OF 2008 IN IN IN SUIT NO.1657 OF 2006 SUIT NO.1657 OF 2006 SUIT NO.1657 OF 2006 Girishbhai J.Joshi .. Plaintiff V/s. M/s.Shanil Builders & Ors. ..Defendants And Manoj Kumar B.Dwivedi .. Applicant Mr.Ditendra Mishra for Plaintiff / Applicant in support of Notice of Motion. Ms.Tamhane i/b.Mr.R.D.Suvarna for Applicant in Chamber Summons for proposed Defendant. Mr.Mahandra Agrekar i/b.M/s.R.K.Associates for Defendant No.4. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 30TH SEPTEMBER, 2008 DATED : 30TH SEPTEMBER, 2008 DATED : 30TH SEPTEMBER, 2008 P.C. P.C. P.C. . The Plaintiff has filed this suit for specific performance of an agreement dated 29th November, 2002 sought to have been entered into Defendant No.1 in regard to suit flat No.B/203. ( 2 ) 2. The present Applicant Mr.Manoj Kumar has filed this Chamber Summonce for being joined as party Defendant contending that the said Applicant had entered into an agreement with Defendant Nos.1 to 3 with regard to very flat No.B/203 on 10th September, 2001. A copy of the said agreement dated 10th Septemebr, 2001 is annexed to the affidaivt in support of the Chamber Summons. 3. After having considered the facts, if present Applicant claims that the present Applicant has agreed to purchase the flat by agreement dated 10/09/2001 the present Applicant will have to be join as necessary party as the specific performance of agreement dated 29th November, 2002 which agreement is subsequent to agreement with the Applicant is sought. In my view, the Chamber Summons will have be granted accordingly. Chamber Summons is made absolute in terms of prayer clause ‘a’. There shall be no orders as to costs. The Plaintfif shall amend the plaint as well as Notice of Motion No.1911 of 2006 so as to join the present Applicant as Defendant on or before 14th October, ( 3 ) 2008. Copy of the plaint Motion to be served upon the Defendant as well as the present Applicant who will be join as a Defendant before 21st October, 2008. (R.Y.GANOO,J.) (R.Y.GANOO,J.) (R.Y.GANOO,J.)