1 chs-32-s-1384-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO. 32 OF 2009 IN SUIT NO. 1384 OF 2008. Manorama Sureshchandra Jain & Ors. ..Plaintiffs. vs. Sushil Kumar Tayal & Ors. ..Defendants. .... Mr. Chandrakant N. Chavan, for Plaintiffs. None for Defendants. None for proposed Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 4TH FEBRUARY 2011. P.C. The Suit is filed by the Plaintiff for a declaration that the oral agreement between the Plaintiffs and the Defendants in respect of the Suit flat being Flat No.3, admeasuring 917 sq.ft. on the fourth floor in Jaihind Estate Building No.2 Co-operative Housing Society Limited, A.M. Road, Bhuleshwar, Mumbai-400 002, is valid and subsisting and binding upon the Defendant Nos. 1 and 2. 2. By this Chamber Summons, the Petitioner inter-alia seeks to join Shri Hazarilal Tayal (father of Defendant No.1 to the Suit) as Defendant No.4 to the Suit. It is submitted on behalf of the Plaintiffs that though a part of the sale consideration was handed over to Shri Hazarilal Tayal on behalf of the Defendant No.1, the Defendant No.1 has in his reply for the first time denied and disputed the said fact. The said Hazarilal Tayal is therefore required 2 chs-32-s-1384-08 to be joined as party Defendant to the Suit. Though the Chamber Summons is served on the Defendants as well as the proposed Defendant No.4, no response has been filed by them. Chamber Summons is therefore allowed in terms of prayer clauses (a) and (b). Amendments to be carried out within a period of two weeks from today and a copy of the amended Plaint be forthwith served on the Advocate for the Defendants. [ S.J. KATHAWALLA, J. ]