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 CHAMBER CHAMBER SUMMONS NO. 384 OF 2005 SUMMONS NO. 384 OF 2005 SUMMONS NO. 384 OF 2005 IN IN IN SUIT SUIT SUIT NO. 2463 OF 1985 NO. 2463 OF 1985 NO. 2463 OF 1985 Kusum Shivram Shinde and another. ... Plaintiffs. V/s. Byramjee Jeejeebhoy Pvt.Ltd. and others. ... Defendants. R.D.Dhanuka for the applicant. H.S.S.Murthy i/b. Wadia Gandhi & Co. for defendant No.3. CORAM CORAM CORAM : A.M.KHANWILKAR, J. : A.M.KHANWILKAR, J. : A.M.KHANWILKAR, J. DATED DATED DATED : 5th September, 2005. : 5th September, 2005. : 5th September, 2005. P.C. P.C. P.C. : : : ---- ---- ---- . In spite of service none appears for the plaintiffs. Appearance is made only by defendant No.3. Defendant No.3 is opposing this application. However, there is nothing on record to show that the plaintiffs are opposed to the prayer made in the present application. Since the plaintiffs have not opposed the prayer for joining applicant as defendant No.4, in my opinion, the objection taken by defendant No.3 does not need consideration. It would have been a different matter if the plaintiffs were opposing the prayer of the applicant to be joined as defendant No.4. If that were to be the situation, the question would have arisen whether the Court can compel the plaintiffs to join the applicant as defendant No.4 or not. In my view, for the case made out in the affidavit in support which has remained uncontroverted, it does appear that the presence of the applicant would be necessary for full, complete and effectual adjudication of the pending suit. 2. In the circumstance, chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within four weeks from today. No order as to costs. (A.M.KHANWILKAR, (A.M.KHANWILKAR, (A.M.KHANWILKAR, J.) J.) J.)