1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1209 OF 2008 IN SUIT NO.1008 OF 2000 Mr. Quari Mohammed Zakir Hussain ....Plaintiff. V/s F.E. Dinshaw Trust & Ors. ....Defendants. Mr. S.J. Menon for plaintiff. Ms. Mukta Gobse with Mr. S.B. Amin for defendants. CORAM: V.M. KANADE, J. DATE : 4TH AUGUST, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of plaintiff and the learned Counsel appearing on behalf of defendants. 2. This Chamber Summons is taken out by plaintiff for amendment of the plaint. It is submitted that after the suit was filed, the Court Commissioner was appointed for the purpose of taking measurement of the property in view of the objections raised by the defendants that the suit property has not been 2 properly described. It is submitted that after the Commissioner took measurement of the suit property and the report was submitted, the plaintiff learnt that certain survey numbers mentioned by him in the plaint are incorrect and that the measurement of the said survey numbers was also incorrectly given by the plaintiff in the suit. He, therefore, seeks amendment to make necessary correction in the suit. 3. This amendment is vehemently opposed by the learned Counsel appearing on behalf of defendants. It is submitted that, in the suit, initially, properties were not properly mentioned and described and now the plaintiff seeks to increase the area of the property which was initially mentioned in the plaint. 4. In my view since the plaintiff became aware of the correct survey numbers and the measurement of the property after the report was submitted, the plaintiff is permitted to make necessary amendment subject, of course, to payment of additional court fees as may be calculated on the additional area which is now claimed by the plaintiff and subject to the plaintiff proving the said averments at the time of hearing of the suit. Chamber Summons is, therefore, allowed in terms of prayer 3 clause (a) subject to payment of costs of Rs 7000/- to defendants. Office to calculate the additional court fees which the plaintiff would be liable to pay in view of the additional claim made by the plaintiff in the suit. The additional court fees may be paid within 8 weeks from today. Defendants to file their Written Statement within 8 weeks. If Written Statement is not filed within 8 weeks, place the suit for ex-parte decree under the caption of undefended suit. (V.M. KANADE, J.)