IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.689 OF 2006 IN SUIT NO.821 OF 2006 Nitin Lodha & Anr. ..... Plaintiffs V/s. Manjula Banker & Ors. ..... Defendants. Mr.N.Engineer i/by RMG Law Associates, for the plaintiffs. Mr.Prashant More i/by S.R.Mishra, for defendant No.4. Mr.Amit Yadkikar i/by M/s.Desai & Diwanji, for defendant No.5. Mr.Kapil Moye i/by M/s.Markand Gandhi & Co., for defendant No.6 CORAM: R.Y.GANOO, J. DATED: 03rd FEBRUARY, 2009. P.C. 1. The defendant Nos.1 to 6 are parties to the present suit and this Chamber Summons is taken out to add certain averments in the plaint as well as seek two additional reliefs namely seeking declaration that two conveyances are illegal. The counsel for defendant No.6 contended that these two conveyances date back to 1982 and 2005 being registered conveyances. He submitted that plaintiffs have the knowledge as the conveyances are registered and if the amendment is granted, it will enable the plaintiffs to ask for reliefs which are barred by period of limitation. He submitted that such a course is not permissible. 2. In my view, since the defendant Nos.1 to 6 are the parties to the present suit, the plaintiffs can be granted permission to agitate their claim through the present amendment. In my view, merely because two conveyances were registered conveyances, the knowledge in regard to the two conveyances cannot be imputed to the plaintiffs in the sense in which it is sought to be done by the defendants. In my view, it will be open to the defendants to agitate their contentions at the time of hearing of the suit at an appropriate stage. The Court should permit the plaintiffs to place their facts before the Court and seek appropriate reliefs by amendment of the plaint. Hence, I am inclined to grant chamber summons. Hence, the following order. : O R D E R : 1. The Chamber summons is made absolute in terms of prayer clauses (a) and (b). 2. There shall be no order as to costs. 3. Plaintiffs shall carry out amendment in terms of the Schedule on or before 18-02-2009. Serve upon the Advocates for the defendants, amended copy of the plaint on or before 27-02-2009. 4. Suit set down for directions on 03-03-2009. ( R.Y.GANOO, J. )