- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi CHAMBER SUMMONS NO.1504 OF 2008 IN SUIT NO.2058 OF 1993. Shree Anavil Samaj. ..Plaintiff. vs. Mrs.Vasantben R.Bhuta & Ors. ..Defendants. And Dinkarrai R. Desai & Ors. ..Applicants. .... Mr.M.P.Vashi, a/w. Ms.Prachi Khandge, for the Plaintiff. Mr.R.L.Shah, for the Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 18TH FEBRUARY,2009 : 18TH FEBRUARY,2009 : 18TH FEBRUARY,2009. P.C.: P.C.: P.C.: . Affidavit-in-reply to the chamber summons of the defendants nos.1a to 1e is taken on record. 2. This suit is filed by the plaintiff-Trust. However, the trustees are not joined as parties. By this chamber summons, the plaintiff-Trust is seeking to join the trustees as party plaintiffs. The learned Advocate for the defendants states that there is a gross delay in taking out this chamber summons because the defendants had several years ago pointed out to the plaintiff that the trustees ought to be joined as party plaintiffs and in fact, an issue was also framed to this effect qua the maintainability of the suit in absence of the trustees being joined as party plaintiffs. - 2 - 3. I have considered the submissions advanced by the learned Advocates for the parties. I am of the view that since this amendment will not bring about any change in the cause of action on which the suit is based/framed, in the interest of justice, the amendment should be allowed. 4. The chamber summons is therefore, made absolute in terms of prayer clause (a) subject to the plaintiff paying cost to the defendants of Rs.5,000/- within a period of one week from today. The plaintiff to carry out the amendments within a period of one week and forward a copy of the amended plaint to the defendants. The plaintiffs to file affidavit of documents alongwith a compilation of original documents and also their affidavit of evidence on or before 12th March 2009. 5. Chamber summons stands disposed of. 6. Place the suit for directions on 16th March 2009. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]