ndm 1 chs.278.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 278 OF 2009 IN SUMMARY SUIT NO. 1431 OF 2005 Narinder Kumar Vij. ... PLAINTIFF Vs. Dinesh Shetty. ... DEFENDANT -------------- Mr. Dharmesh Jain a/w Ashwin Singh i/b R.K. Singh for Plaintiff. Mr. P.C. Kansara for Defendant. -------------- CORAM : R.V. MORE, J. DATE : 26 th November, 2009. P.C. 1 Heard learned counsel for both the parties. The Chamber Summons is taken out by the Plaintiff to amend the plaint and leave to annex the document namely legal notice of demand dated 11.01.2005. It is the case of the Plaintiff that this document was given to his earlier lawyer, but he failed to annex the same alongwith the plaint. The proposed amendment is opposed by the learned counsel for the ndm 2 chs.278.09.sxw Defendant on the ground that the suit is filed in the year, 2005 and how belated attempt on the part of the Plaintiff to bring the notice on record cannot be allowed. He also opposed the amendment on the ground that the Plaintiff by annexing document of demand notice trying to bring the suit within limitation. 2 The suit is filed under provisions of Order 37, Rule 2 of the Civil Procedure Code on the basis of promissory note. The proposed amendment as per schedule annexed to the Chamber Summons if perused, the same is not contrary to the original pleadings in the plaint. Infact, the amendment is consistent with the pleadings of the plaint. It is now a settled law that amendment cannot be rejected only on the ground of delay. The merits of the amendment cannot be gone into. So far as objection on the ground of limitation is concerned, same can be decided at the time of the trial. 3 In the facts and circumstances, the Chamber Summons is allowed in terms of prayer clause (a). 4 The point of limitation is expressly kept open to be agitated at ndm 3 chs.278.09.sxw the time of the trial of the suit. The Plaintiff shall carry out amendment within the period of four weeks from today and serve copy of the amended plaint on the Defendants within two weeks thereafter. [ R.V. MORE, J ]