((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1423 OF 2005 IN SUIT NO.2552 OF 2004 M/s.Unique Constructions Plaintiffs versus Marina Sequera Defendant Mr.Anup Sharma i/by s.M.Kazi for plaintiffs. None for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th June 2006 PC : 1. Heard Shri Anoop Sharma appearing for plaintiffs in support of this Chamber Summons. This Chamber Summons is served on the defendants advocate. The defendants’ advocate has accepted a copy of the Chamber Summons. The affidavit proving service is filed. The name of defendants’ advocate is shown on board. However, none appears for the defendants. No affidavit in reply is filed to this Chamber Summons. ((-2-)) 2. All that the Chamber Summons seeks is that the plaintiff has inadvertently omitted to claim relief of declaration of share in the immovable property, partition of which is sought by metes and bounds as an alternate relief. 3. There will be no change in the cause of action. The omission of claiming relief, averments regarding which have been elaborately set out in the plaint, cannot be said to be fatal and is capable of being cured. The amendment does not prejudice the defendants. It would be open for the defendants to file written statement raising all such pleas as are permissible in law. Leaving all contentions of both sides on merits open, present Chamber Summons is made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within a period of two weeks. Copy of amended plaint to be served within two weeks thereafter. Upon receipt of amended copy, time of twelve weeks is granted to file written statement. No order as to costs. (S.C.DHARMADHIKARI, J.)