1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1038 OF 2009 IN SUIT NO.960 OF 2006 Shailaja Arvind Dabholkar & Anr. ...Plaintiffs Vs. Bhagirathibai Chandrasekhar Kale & Ors. ...Defendants Mr.A.C. Mahimkar for Plaintiffs Mr. Omprakash Panday i/b. Panday & Co., for Defendants 1&2 CORAM : SMT.ROSHAN DALVI, J. DATED : 18TH July 2009 P.C. : 1.The Plaintiff No.1 was directed to carry out certain amendments allowed under the Chamber Summons No.858 of 2008 under order dated 28 th July, 2008. It is the Plaintiff s case that the papers were not available in the department and accordingly the Plaintiff has applied for extension of time to carry out the amendments. Under the amendments that were allowed in terms of prayer clause (a) and (b) of Chamber Summons No.858 of 2008, Plaintiff No.2 was to be transposed as Defendant No.4. No prejudice would be caused to any party by such transposition as the suit is a partition suit in which all the parties are Plaintiffs as well as Defendants. Hence, the Chamber Summons is allowed. 2 2.The delay is condoned. 3.The Plaintiff No.1 shall now carry out amendments in the plaint to transpose Plaintiff No.2 as Defendant No. 4 and to make all consequential amendments within 2 weeks from today. 4.The Plaintiff No.1 shall also carry out amendments in the copy of the plaint served upon Defendants, 1,2 and 3 within 2 weeks from today. 5.The Plaintiff No.1 shall serve a further copy of the plaint upon Plaintiff No.2 duly amended also within 2 weeks from today. 6.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.)