1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.602 OF 2006 IN SUIT NO.3334 OF 2005 Maharashtra Lokhita Seva Mandal ..Plaintiff V/s Samuel Nazerath ..Defendant Mr.R.S.Upadhyay, Advocate, for the plaintiff Mr.P.M.Havnur, Advocate, for the defendant CORAM : R.M.SAVANT, J. DATE : 2ND DECEMBER, 2008 P.C. . By the above Chamber Summons, the applicant/plaintiff seeks amendment of the plaint in terms of the Schedule annexed to the Chamber Summons. It is the case of the applicant/plaintiff that the said amendment to the plaint is necessitated on account of the subsequent developments. 2. The suit originally filed is for a decree of possession in 2 respect of the suit premises being room No.272, 8/30 Devkisan Chawl, Golibar, Santacruz(E), Mumbai – 400 055. It is the case of the applicant/plaintiff that the said chawl was part of the slum declared by the competent authority, the residents of the slum have formed themselves into Co-operative Housing Society known as Sukh Sagar Co-operative Housing Society and are getting the slum re- development scheme implemented through the developer namely Adarsh Developers. The applicant/plaintiff therefore seeks to join the said society and the said developers as party defendants and also incorporate pleadings in that behalf. 3. On behalf of the defendant an affidavit-in-reply has been filed. In the said affidavit-in-reply the defendant has taken a stand that the plaintiff would have no right in respect of the premises which would be made available by the developers under the re-development scheme and therefore, the amendments to the pleadings are unnecessary. 4. In my view, considering the well settled position in law as 3 regards amendment to the plaint the plaintiff has made out a case for the amendment being allowed as it seeks to incorporate the subsequent developments. The said amendment in my view would be necessary for a proper and complete adjudication of issues between the parties. The entitlement of the plaintiff to the premises in the re-developed property is an issue which could be considered at the appropriate time, and this Court is not called upon to decide the said issue at this stage. The Chamber Summons is accordingly made absolute in terms of prayer clause (a). The defendant would be entitled to file his Additional Written Statement after the amended copy of the plaint is served upon the defendant. The plaintiff to carry out amendment within a period of six weeks from date. The defendant to file Additional Written Statement within a period of six weeks of the service of the amended plaint. The plaintiff to pay costs of Rs.500/- to the defendant within four weeks from date. (R.M.SAVANT, J.) 4