1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 940 of 2009 IIN SUIT NO. 919 of 1981 Bawa Maharaj Singh Bawa & anr. ...Plaintiffs v/s. Mulund Dev Ashish Co-op. Hsg. Soc. Ltd. & anr. ...Defendants Sr. Counsel D.V. Merchant a/w. Ms. Mirasee i/b. Shah & Sanghvi for the plaintiffs. Ms. Jyoti Jadhav i/b. Nandu Pawar for defendants in S. 919/81 in support of Ch. Summons 940/99. CORAM:- A.M.KHANWILKAR, J DATED:- June 23, 2009. P.C. Heard Counsel for the parties. By this Chamber Summons the defendant Society prays that it may be permitted to amend the written-statement so as to assert that the suit is bad for non-joinder of necessary parties as the plaintiffs have failed to join persons through whom they derive title to the suit property. In the affidavit in support of this Chamber Summons, it is the case of the defendant that this amendment is necessitated on account of order passed by this Court on 15th July, 2000 pursuant to which the original plaintiff no.2 has been 2 deleted. The fact remains that the said order was passed as back as in July 2000. Thereafter, the trial has proceeded further and the plaintiff has already led evidence of their witness. Besides the ground for asserting that the suit is bad for non-joinder of necessary party on account of not naming the persons through whom the plaintiffs claim to have derived title to the suit property was available to the defendants when the written-statement was filed. No reason is forthcoming as to what prevented the defendants to assert that position in the written-statement itself. To my mind, no cause whatsoever has been shown in the affidavit in support to permit the defendants to amend the written-statement after the trial has already begun and plaintiffs have already examined their witness. 2. In the circumstances, this Chamber Summons will have to be rejected being devoid of merits. Ordered accordingly. (A.M.KHANWILKAR, J)