CHS1853-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1853 OF 2009 IN SUIT NO.1259 OF 2009 Sanjana Mukesh Wig .. Plaintiff Versus Shashi Himmat Obhan and Ors. .. Defendants Mr.Jayesh R. Trivedi for plaintiff in Ch/S.1853-09 and NMS 1932-09 Mr.R.B.Paranjape with D.T.Raut & Prashant Maggu for defendants in support of NMS 3043-09 and 1548-10 CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2010. P.C.: 1] Heard Mr.Trivedi for plaintiff. Perused the chamber summons and the proposed amendments. 2] It is contended by defendant No.1 that this chamber summons should not be allowed because the proposed amendment changes the cause of action and also take away the admissions made by the plaintiff. The amendment is not on any ground of oversight or CHS1853-09 2 mistake but is wholly malafide and bearing in mind the contents of the affidavits filed in reply to the notice of motion, it should be disallowed. 3] I am unable to accept this contention because even if the motion to frame an issue of jurisdiction is moved that would not prevent this Court from considering the proposed amendment. It is well settled that an amendment ousting jurisdiction of the court can also be granted. Therefore, merely because a motion to decide the issue of jurisdiction as a preliminary issue is pending that by itself would not mean that the amendment cannot be granted. Subject to all contentions including jurisdiction being kept open, the chamber summons can be allowed. 4] Further, from a perusal of the affidavits, I am satisfied that the plaintiff is not changing the cause of action. His cause of action remains the same. All that he is seeking is to incorporate is some details so as to show how he claims title to the property. Further, he CHS1853-09 3 seeks to make some corrections in the area of the suit property. Once the protection is given by keeping open all objections including jurisdiction, maintainability of the suit, then, the chamber summons can be allowed. It is made absolute in terms of prayer clauses (a) and (b). Amendments to be carried out within two weeks from the date of receipt of the order. 5] Notice of motion No.1932 of 2009 is allowed to be withdrawn with liberty to file fresh motion after amendments are carried out. 6] Post the Notice of Motion No.1548 of 2010 in the week commencing from 25th October 2010. 7] In Notice of Motion No.3043 of 2009, Mr.Trivedi appearing for applicants states that the inspection of documents has already been given but if there are any documents of which inspection is not given, he will give inspection thereof within 15 days from the date of receipt of copy of this order. Needless to state that if the plaintiff wishes to CHS1853-09 4 reply upon certain documents, but the inspection thereof is not given or copies supplied, he would not be permitted to rely upon the same. Motion accordingly disposed of. (S.C.DHARMADHIKARI, J)