IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 28 OF 2007 SUMMONS NO. 28 OF 2007 SUMMONS NO. 28 OF 2007 in in in SUIT SUIT SUIT NO.49 OF 2005 NO.49 OF 2005 NO.49 OF 2005 Usha Ajit Zhaveri .. Plaintiff Vs. Prasanna Moholal Shah & ors .. Defendants and Mrs Sarla Sevantilal Parekh & ors .. Respondents Mr.C.Ardeshir i/b Mr.P.Das for Plaintiff Mr.S.U.Kamdar Sr.Counsel i/b S.Rane for Respt no.1 & 2 Mr.B.B.Saraf i.b Mr.A.C.Sarkate for Defendant no.4 Ms.M.B.Sadh i/b Ms.Vanita Kakar for Defendant nos.1 to 3 and Respondent no. 3 Ms Priya Ranade i.b Amit Bajpai for Respt no.4 CORAM: CORAM: CORAM: S.J.VAZIFDAR, J S.J.VAZIFDAR, J S.J.VAZIFDAR, J DATED: DATED: DATED: 26th March, 2008 26th March, 2008 26th March, 2008 P.C P.C P.C 1. This is the plaintiff’s application for amendment of the plaint inter alia to implead the respondents. The suit was filed for specific performance against defendant nos.1 to 3. Defendant no.4 is a society in which the said flat is situated. 2. Mr.Ardeshir, learned counsel appearing on behalf of the plaintiff states that he is not pressing the Chamber Summons against respondent no.1, 2 and 4. 3. It was submitted that in view of the plaintiff 2 not pressing the Chamber Summons against respondent nos.1,2 and 4 the plaintiff will have no cause of action against respondent no. 3 inter alia as the allegations against respondent no.3 are also on the basis of collusion between respondent no.3 and the other respondents. That however, is a contention on merits which must be taken in the suit itself. 4. Having dropped respondent nos.1, 2 and 4 the schedule will have to be amended accordingly. In other words, for instance the reference to respondent nos.1,2 and 4 will have to be amended by referring to them by their names and all the prayers against them would also have to be deleted. 5. With the aforesaid clarifications, the Chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within four weeks from today.