1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1265 OF 2009 IN SUIT NO. 2874 OF 2008 Smt.Sangeeta Dattatraya Wadke ...Plaintiff vs. Dilip Neelkanth Wadke & Anr. ...Defendants And Vashika Dattatraya Wadke ...Respondent/ Proposed Plaintiff No.2 Mr.S.K. Chaurasia for the Plaintiff. Ms.Trupti Nikam i/b. Mr.P.S. Chavan for Defendants. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 1, 2009 P.C. :- 1 Heard Counsel for the plaintiff and Counsel for the defendants. 2 This Chamber Summons has been taken out by the plaintiff for adding the respondent who is allegedly minor daughter of the plaintiff on record. It is the case of the plaintiff in the suit that the 2 father of the defendants and her husband who expired on 11.11.2007 had executed a Will and had given 1/3rd share to her husband. Since her husband has expired, she is now claiming 1/3rd share. Plaintiff wants now to bring her daughter on record. 3 This Chamber Summons is vehemently opposed by the learned Counsel for the defendants. It is submitted that the defendants do not admit that the plaintiff is a legally wedded wife of their deceased brother. Similarly, it is stated that they do not admit that the respondent is the daughter of their deceased brother. It is, therefore, submitted that she is not a proper and necessary party. 4 In my view, this submission cannot be accepted at this stage. It is always open for the defendants to prove that the plaintiff is not legally wedded wife of their deceased brother and that the respondent is also not the daughter of their deceased brother. However, the plaintiff is 3 entitled to bring on record her daughter since she claims that she is the daughter of her deceased husband who was brother of defendants. Submission made by the defendant also cannot be accepted. 5 Chamber Summons is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks. The defendants may file their additional written statement within four weeks thereafter. 6 Chamber Summons, accordingly, is disposed of. (V.M. KANADE, J.)