1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1308 OF 2008 IN SUMMARY SUIT NO.1962 OF 2005 Creation Publicity Pvt. Ltd. ..Plaintiff V/s. P.S.Outdoors & anr. .. Defendants Mr.Jose George, Advocate, for the plaintiff Mr.Santosh Raje i/b.M/s.Santosh Raje & Co., Advocate, for the defendant No.2 CORAM : R.M.SAVANT, J. DATE : 19TH NOVEMBER, 2008 P.C. . This Chamber Summons has been filed for amending the plaint in terms of the Schedule annexed to the Chamber Summons. The amendment principally sought is for deleting the word “Proprietor” from the averment in the plaint, in so far as the defendant Nos.1 and 2 are concerned. This amendment was moved on account of the stand taken by the defendant No.2 in the affidavit in reply filed to the 2 Summons for Judgment in the above suit. The stand taken by the defendant No.2 was to the effect that the defendant No.2 has no concern with the defendant No.1 and he is not a proprietor of the defendant No.1. The learned counsel for the applicant/plaintiff in support of the Chamber Summons submits that in view of the said stand, the description of the defendant No.1 as a proprietory concern and the defendant No.2 as a proprietor would have to be corrected by deleting the word “Proprietor” from the plaint. The learned counsel further submits that the plaintiff wants to only array the defendant No.2 as a defendant to the suit in view of the stand taken by the defendant No.2. 2. In my view, since the plaintiff is not sure in what capacity vis-a-vis the defendant No.1 that the defendant No.2 can be arrayed, the suit filed against the defendant No.2 seems to be misconceived. It is contended on behalf of the plaintiff that the said issue can be decided in the suit. The question is whether the Summons for Judgment would be maintainable against a person whose status the plaintiff is not sure about. In that view of the matter, the Chamber 3 Summons cannot be allowed. The Chamber Summons is accordingly rejected. (R.M.SAVANT, J.)