:1: :1: :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 CHAMBER SUMMONS NO. 422 OF 2008 IN SUIT NO.377 OF 2006 Kashinath R.Kolwankar ...Plaintiff Versus Smt.Sunanda w/o.Ramakant Desai and Ors. ....Defendants ====== Mr.Shah i/by. K.Jain & Co. Adv. for the plaintiffs. Mr.A.A.Kochrekar, Adv. for the Respondents/BMC. CORAM: S.C.DHARMADHIKARI, J. DATED: 2ND APRIL, 2008. P.C. P.C. P.C. : : : 1. This Chamber Summons is by the Original Plaintiff for amendment of the plaint. All Defendants are duly served. 2. In the Affidavit-in-support of the Chamber Summons, the plaintiff has stated that after filing of the Suit he has been able to obtain certain Documents and the :2: :2: :2: manner in which the Documents have come in his custody, is set out in para-4 of the plaint. The Plaintiff also desires to place a copy of the Judgement of the Small Causes Court. Based upon the subsequent developments, he desires to incorporate certain averments in the plaint. 3. The apprehension of Defendant nos.1(a) to 1(e) is that the plaintiff in the Affidavit-in-support has stated that these Documents would conclusively prove that Defendant no.2 is the owner and landlord of the Building. 4. In my view, none of the statements and averments which are now incorporated can be accepted straight away and at this stage. The Plaintiff will have to prove his case in accordance with law. Even the Defendants have ample opportunity to contest the Suit claim. All contentions on merits of the claim are kept open. The amendment is granted subject to the said pleas being kept open. However, the plaintiff to pay costs to Defendant nos.1(a) to 1(e) quantified at Rs.1500/-. within a period of 2 weeks from today. The :3: :3: :3: plaintiff is permitted to carry out the Amendment to the plaint after paying costs. The defendants are permitted to file their Written Statement/additional Written Statement within 6 weeks from the date of receipt of amended plaint. 5. By consent, Chamber Summons No.228 of 2007 is made absolute in the above terms. However, the plaintiff to pay costs to Defendant nos.1(a) to 1(e) quantified at Rs.1500/-. within a period of 2 weeks from today. sd/- ************