1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.979 OF 2006 IN SUIT NO.3075 OF 2005 Prashant B. Shukla & anr. ..Plaintiffs V/s. Life Insurance Corporation of India ..Defendant And Zubin Shroff ..Respondent Shane Sapeco i/b.M/s.Hariani & Co., Advocate, for the respondent Mrs.Pathak i/b.M/s.Pathak & Associates, Advocate, for the plaintiffs CORAM : R.M.SAVANT, J. DATE : 23RD OCTOBER, 2008 P.C. . By the above Chamber Summons, the applicants seek impleadment of the respondent to the Chamber Summons as defendant No.2 to the suit. The impleadment is sought on the basis that the respondent herein was the Photographer, who had taken the photographs of the plaintiffs and his family members which have been 2 commercially exploited. The suit is filed by the plaintiffs for damages against the defendant, Life Insurance Corporation of India. 2. On behalf of the respondent an affidavit-in-reply opposing the Chamber Summons has been filed wherein the fact that there was an agreement between the plaintiffs and the respondent has been admitted. However, the respondent claims certain rights under the said agreement and it is, therefore, submitted on behalf of the respondent that on the basis of the said rights, the plaintiffs cannot have any claim against the respondent. Be that as it may the fact that there was an agreement between the plaintiffs and the respondent, in my view, makes him if not a necessary party at least a proper party to facilitate the proper adjudication of the suit. It would be open for the respondent after he is joined as a party defendant to take such defences as are available in respect of the claim. The Chamber Summons is, therefore, made absolute in terms of prayer clauses (a) and (b). The learned counsel for the plaintiffs to carry out amendment in the cause title of the plaint and serve an amended copy of the plaint on the concerned respondent within four weeks thereafter. 3 (R.M.SAVANT, J.)