*1* chs.1856.09.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1856 OF 2009 IN SUMMARY SUIT NO.548 OF 2009 Vikas Ganeriwal. ..Plaintiff -Versus- Madhu S. Jhunjhunwala. ..Defendant -And- M/s Chiranjilal Santkumar and others. ..Respondents .......... S.R.Mishra a/w A.M.Saraogi, for the Plaintiff. G.B.Kedia, for the Defendant. Manoj Agre i/b D.S.Sanghvi, for the Respondent Nos.1 to 3 in Chamber Summons. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 26th October, 2010. P.C. 1 Heard the learned counsel for the parties. Perused the Chamber Summons and affidavit in reply. 2 It is stated in the affidavit in support of the Notice of Motion that earlier Summons for Judgment was withdrawn and in paragraph Nos. 4 and 5 of the affidavit in support, it has been asserted that the amounts were due and payable by the original Defendant in individual capacity, but since the original Defendant is a partner in the firm namely the Respondent No.1, the cheque has been issued by the Respondent No.1 and the firm has taken over the liability of the original Defendant, then, the firm is required to be joined so as to make it equally liable for the claim of the Plaintiff. It is in such circumstances and on account of mistake *2* chs.1856.09.sxw committed earlier that the plaint is sought to be amended. 3 Mr.Kedia, learned counsel appearing on behalf of the original Defendant, submits that the entire version in the affidavit in support is false because it has been already clarified that the cheque is forged and no summary suit would lie. Further the Respondent has clarified particularly by the affidavit dated 25.10.2010 that the Defendant was and is never partner of the Respondent/firm, then, all more this Chamber Summons be dismissed. 4 Having perused this material, I am of the view that the same deals with the merits of the controversy. Keeping objections on maintainability of the suit, so also, all pleas on merits, open, the Chamber Summons can be allowed. Merely because the Chamber Summons is granted does not mean that the Court has accepted the version of the Plaintiff as particularly set out in the affidavit in support. Therefore, subject to all these aspects, this Chamber Summons is allowed and it is made absolute in terms of prayer clause (a). All contentions of both sides are kept open. The amendment to be carried out within two weeks from the date of receipt of a copy of this order. 5 Chamber Summons is allowed accordingly. (S.C. Dharmadhikari, J)