IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1195 OF 2008 IN SUIT NO.3633 OF 1989 Mrulidhar Gopichand Sachdev & Ors. .. Plaintiffs Vs. Lalchand Gopichand Sachdev .. Defendant Mr.Jitendra Shukla i/by G.H.Shukla for the plaintiffs. None for the defendant. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd October 2008. : 03rd October 2008. : 03rd October 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs in support of the Chamber Summons. The learned counsel appearing for the plaintiffs states that Chamber Summons has been duly served to the defendant and affidavit of service has been already filed. 2. The Chamber Summons is for seeking permission to amend the plaint. The first amendment which is sought is for substituting the deceased plaintiff no.2(c) who died on 26th June 2008. It is stated that stated that plaintiff nos.2(a) and 2(b) are the only legal representatives of the said deceased plaintiff. The 2 second amendment is for incorporating the challenge to the Will dated 31st July 1965. The plaintiffs have already relied upon family arrangement/settlement dated 17th December 1986. Another amendment is sought for incorporating a formal prayer for declaration that the said family arrangement is valid and subsisting. 3. There is no opposition to the Chamber Summons. After having perused the text of the amendment and the averments made in the plaint, I find that a case is made out for permitting the amendment. It is obvious that though the amendment is permitted, the issue of limitation as regards the prayers sought to be added by amendment will remain open and it will be open for the defendant to file additional written statement, if any to the amended plaint. 4. Hence, I pass following order: (i) Subject to what is observed above, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). (ii) Amendment to be carried out within a 3 period of six weeks. (iii) A copy of the amended plaint shall be served to the defendant within a period of four weeks from the date on which amendment is carried out. (iv) Additional written statement, if any, shall be filed by the defendant within a period of eight weeks fro the date on which copy of the amended plaint is served to them. (A.S.Oka,J)