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.1730 OF 2008. CHAMBER SUMMONS NO.1730 OF 2008. CHAMBER SUMMONS NO.1730 OF 2008. IN IN IN SUMMARY SUIT NO.4400 OF 2001. SUMMARY SUIT NO.4400 OF 2001. SUMMARY SUIT NO.4400 OF 2001. Sushila H. Jhunjhunwala ..Plaintiff versus Prabhat General Agency & Ors. ..Defendants Mr.S.C.Naidu i/b. Naidu & Co. for the Plaintiff Ms.Sheetal Shah i/b.Mehta & Girdharlal for the Defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 5th January, 2009. DATED : 5th January, 2009. DATED : 5th January, 2009. P.C. 1. This Chamber Summons is taken out for amendment of the plaint. Copy of the affidavit in reply is made available as the original is not before the Court. 2. I have heard learned advocates on both the sides. I have perused the text of the schedule. Plaintiff, by the present chamber summons wants to delete certain portion of the plaint and also add certain paragraphs as set out in the schedule, to put up his case in proper manner and plead all the facts which have come to his knowledge after the disposal of the summons for judgment. 3. This Chamber for Summons was opposed on the ground that new cause of action is sought to be pleaded, and that there is a gross delay and such a delay cannot be accepted. In my view, it will be difficult to accept the stand of the defendant, if -2- the plaintiff wants to prove on record certain facts which are to his knowledge and are required to resolve the dispute between the plaintiff on one hand and the defendant on the other. In my view the chamber summons can be granted on plaintiff paying to defendants cost of Rs.2000/-. Hence the order. ORDER . Chamber Summons is made absolute in terms of prayer clause (a). . Plaintiff to pay to defendant sum of Rs.2000/- (Rupees Two Thousand Only) by way of costs. Plaintiff to pay the cost on or before 20.1.2009. . Plaintiff to carry out amendment on or before 20.1.2009 and serve upon the advocate for the defendant amended copy of the plaint on or before 27.1.2009. . Suit set down for direction on 30.1.2009. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)