-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1392 OF 2009 IN SUIT NO. 2110 OF 2004. Ramila Kilachand ..Plaintiff. Versus Harsh Rajnikant Kilachand & Ors. ..Defendants. Mr. Karl Tomboly i/b M/s. Bharucha & Partners for the plaintiff. Ms. Anima Kapadia i/b Ms/. Daphtary Ferreira & Divan for the defendant nos. for the defendant nos. 81 & 99. Mr. Mahesh Shukla i/b Desai & Diwanji for the defendant nos. 50 to 53. Coram : R. V. MORE, J. Date : February 3, 2010. P. C. : 1. Heard Mr. Karl Tomboly, learned counsel for t he plaintiff, Ms. Anima Kapadia for the defendant nos. 81 & 99, Mr. Mahesh Shukla for the defendant nos. 50 to 53. None appears for rest of the defendants though they are served. 2. The present chamber summons is taken out by the plaintiff seeking amendment of plaint in aforesaid suit and Notice of Motion No. 1468 of 2004 in terms of the Schedules “A” & “B” annexed to the chamber summons. Schedule-“A” pertains to the proposed amendment to the plaint and Schedule-“B” pertains to the proposed amendment to the above notice of motion. 3. By Rider-A of schedule-A, plaintiff wants to implead defendant no. 74A in cause title of the suit. This impleadment is occasioned since -: 2 :- defendant no.74 has sold his 1/4th share in the suit property in favour of the proposed defendant no.74A subsequent to filing of the suit. 4. By Rider-B of Schedule-A Plaintiff gives the changed address of the defendant nos. 13 to 18. 5. By Rider-C of Schedule-A plaintiff wants to delete paragraph no.4 of the plaint and in its place insert new paragraph. By this amendment the plaintiff wants to bring on record heirs of the defendant no.40 who expired on or about 15th December 2004, namely, her husband and son, who are already there on record in the suit as defendant no.39 and 41. 6. Amendments contained in Riders-D & E are consequential. 7. By Riders – F & G of Schedule-A the consequential amendments of the prayer clauses are sought. 8. By Schedule-B, plaintiff seeks to amend Notice of Motion No. 1468 of 2004 on the lines of amendments sought in the plaint. 9. Learned counsel appearing on behalf of defendant nos. 81 & 99 and defendant nos. 50 to 53 have no objection if the proposed amendments are allowed to be carried out. 2. Affidavit of service is filed disclosing that all the defendants are served with the notice of the present chamber summons. However, except defendant Nos. 50 to 53, 81 and 99, none appear on behalf of rest of the defendants. Therefore the contents of affidavit filed in support of present chamber summons are deemed to be accepted by rest of the defendants. The above amendments are not contrary to contentions in the suit and same will not change the nature of -: 3 :- suit. The amendments are formal nature and therefore same deserve to be granted. 10. In the facts and circumstances, the above chamber summons is allowed in terms of prayer clauses (a) & (b). Amendments be carried out within the period of two weeks from today. Thereafter within the period of two weeks, the plaintiff shall serve amended copies of the plaint and notice of motion on all concerned. (R.V. MORE, J.)