1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1115 OF 2008 IN SUIT NO. 507 OF 2008 ALONGWITH CHAMBER SUMMONS NO.1119 OF 2008 IN SUIT NO.507 OF 2008 Sakinaben Fakir Mohammed Sayani and others. ...... Plaintiffs. V/s Amirali Fazalbhoy and others ...... Defendants. And Mohamadali Haji Sayani and others ...... Respondents. ------ Mr. D.D. Madon, Mr. Roshan Rajadhaksha i/b Mahimtura & Co. for the plaintiffs/applicants in Chamber Summons. Mr. C. D'Souza with Mr. Bhavesh Parmar for defendant Nos. 1 to 3. Mr. H.C. Toor i/b M/s. Shiralkar & Co. for proposed co- plaintiffs and applicants in Chamber Summons No.1119/2008. Mr. V. Krishna for propsoed defendant Nos. 4 and 5. ------- CORAM: V.M.KANADE, J. DATE : 22ND AUGUST, 2008. P.C.: 2 1. Heard the learned Counsel appearing on behalf of plaintiffs and the learned Counsel appearing on behalf of defendants. 2. This Chamber Summons is taken out by the plaintiffs for amendment of the plaint in terms of the schedule of amendment. It is stated in the affidavit in support by the plaintiffs that, after the plaint was filed, an inquiry was made about the legal heirs of deceased Fakir Mohammed Sayani & Kulsum Haji Sayani and, therefore, this Chamber Summons was taken out for adding them as co-plaintiffs. 3. The learned Counsel appearing on behalf of defendants vehemently opposed the said application for amendment. He submitted that in the affidavit in support and more particularly in para 3, it is stated that respondent Nos. 1 to 7 are residing abroad and that respondent Nos. 1, 2, and 4 to 8 have given separate Powers of Attorney, authorizing respondent No.7 to represent them in the above suit. It is submitted that the said Powers of Attorney are not properly executed and, as such, the respondents cannot be added as co-plaintiffs. 4. The learned Counsel appearing on behalf of the plaintiffs submits that the respondents are proper and necessary parties, being the legal heirs of late Fakir Mohammed Sayani & Kulsum Haji Sayani and if the defendants have any objection to the said respondents being 3 added as co-plaintiffs then, in that event, they may be added as defendants to the suit. 5. It is not disputed that respondent Nos. 1 to 7 are the legal heirs of late Fakir Mohammed Sayani & Kulsum Haji Sayani. That being the position, they are proper and necessary parties to the suit. Plaintiffs, therefore, are permitted to add respondent Nos. 1 to 7 as party- defendants. Amendment be carried out within a period of two weeks. Plaintiffs are also permitted to amend the plaint as per Exhibit- A to the affidavit in support by making necessary consequential changes. Liberty also is granted to annex Exhibit- J-1 to the plaint. 6. In view of the order passed in Chamber Summons No.1115 of 2008, Chamber Summons No.1119 of 2008 does not survive and the same is disposed of accordingly. 7. At this stage, the learned Counsel appearing on behalf of defendants seeks stay of this order as he proposes to file an appeal against this order. This order is stayed for a period of two weeks. V.M. KANADE, J.