1 chs19-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.19 of 2008 in Notice of Motion No.3077 of 2005 in Suit No. 2809 of 2005 Udhram Bhajanmal Luthria .. Plaintiffs v/s. M/s.Mahal Pictures Pvt. Ltd. & Others ..Defendants And Mr. Kamal S. Jadhvani ..Applicant/ Respondents Mr.Athavale for the Plaintiffs. Mr. Samir Vaidya for the Applicants None for the Defendants CORAM : R.Y.GANOO, J. DATED : 19th October , 2010 P.C. : 1. Actually this Chamber Summons is taken out by the applicant for being joined as party defendant in suit Though in the title it is shown as having been taken out in the notice of motion. Hence this 2 chs19-08.sxw chambers summons is treated as taken out in the suit. 2. By the present suit, the plaintiff is seeking specific performance of agreement dated 24.10.1982 and 18.11.1985 purported to have been executed by defendants in favour of the plaintiff. The present applicant claims that they have certain rights in respect of the very property which is subject matter of these two agreements. 3. Having heard counsel on both sides, I am inclined to observe that the request on behalf of the applicant to join the present suit which relates to agreements entered into between plaintiff and defendants is misconceived. If at all the applicant has certain rights and the said rights are been infringed by some act on the part of the defendant, applicant ought to have filed separate suit. This Chamber Summons is not maintainable and hence the same is required to be dismissed. Hence following order is passed to dispose of the Chamber Summons. ORDER i) Chamber Summons is disposed of. There shall be no order as to costs. 3 chs19-08.sxw ii) After the aforesaid order is passed, learned Counsel for the applicant prayed for liberty to file appropriate proceeding to protect interest of the applicant. No such liberty is required to be granted. It is open for the applicant to attend to the matter for the purpose of protecting their interest. [R.Y.GANOO, J.]