IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1545 OF 2007 IN SUIT NO.3688 OF 1996 Umarani Durgaprasad Poddar .. Plaintiff Versus Smt.Shantidevi S. Jhuria & Ors. .. Defendants Mrs.L.K.Bulchandani i/by L.J.Law for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 19th November 2008. : 19th November 2008. : 19th November 2008. P.C.: . Heard the learned counsel appearing for the plaintiff in support of chamber summons. Affidavit of service tendered by the counsel for the plaintiff is taken on record and marked "X" for identification. None appears for the defendants. 2. This chamber summons has been taken out seeking permission to amend the plaint. Suit has been filed by the plaintiff for declaration that under the indenture lease dated 19th February 1964 the plaintiff with defendant nos.1, 2 and 5 as tenants in common have 1/4th share each in the premises comprising of land and 2 bungalow described in Exhibit B to the plaint. I have perused the schedule to the chamber summons which contains draft of the propose amendment. The proposed amendment does not change the nature of the suit. There is no attempt made to withdraw any admission. In the circumstances, a case is made out for permitting amendment. The learned counsel appearing for the plaintiff pointed out that there is a typographical error on the first page of the schedule and reference to paragraph 4(I) should be to paragraph 4(J). 3. Chamber summons is made absolute in terms of prayer clause (a). 4. The plaintiff is permitted to amend the first line of the schedule for correcting inadvertent error referred to above. Amendments to be carried out within six weeks. 5. The defendants are permitted to file additional written statements, if any, within a period of eight weeks from the date on which they are served with amended copy of the plaint. (A.S.Oka,J) 3