1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1598 OF 2008 IN SUIT NO. 657 OF 1983 Maruti Moru Deshmukh ........Plaintiff versus Smt. Alka Anant Desai & ors........Defendants. Mr. A.N. Jakhadi adv. for the Plaintiff Mr. R.S. Shekhawat adv. for the Defendant no.1 Mr. S.V. Sadavarte for Defendant nos.15 and 16. CORAM: A. P. DESHPANDE, J. DATED : 22nd APRIL, 2009. P.C.: 1. The plaintiff has filed a suit for declaration that the plaintiffs and the defendant no.1 are the owners of the suit property. During pendeny of the suit defendant no.1 expired and hence his L.Rs. viz. wife and the children of defendant no.1 are brought on record in place of deceased defendant. However a third party viz. respondent no.15 to 18 have filed a testamentary petition bearing no. 778/06 (now converted into suit no. 75/06) and are claiming to be the beneficiaries under the will purpoprted to have been executed by original defendant in respect of the suit property itself. In that view of the matter for proper adjudication 2 of the dispute that crops up in the present suit, this chamber summons is taken out by the plaintiff with a view to implead the petitioner in the testamentary petition, who are claiming the title of the suit property, as party defendant in the present suit. No reply has been filed to the chamber summons by the contesting defendants. I have no doubt that the parties sought to be impleaded as defendants are necessary parties or at any rate proper parties, in the absence of whom the issue raised cannot be effectively and completely adjudicated. In the result chamber summons is allowed and disposed of. Impleadment of defendant is permitted. Amendment to be carried out within two weeks. (A. P. DESHPANDE, J.)