1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.260 OF 2007 IN SUIT NO.2168 OF 2005 Manuel Gonsalves Trust & ors .. Plaintiffs V/s. Murlidhar Shamdas Sadarangani & ors ..Defendants Mr.David i/b.David and Associates, Advocate, for the plaintiffs Mr.Pankaj Rajbhar i/b.M/s.PDS LEGAL, Advocate, for the defendant Nos.3 & 9 CORAM : R.M.SAVANT, J. DATE : 10TH NOVEMBER, 2008 P.C. . By the above Chamber Summons, the applicant/plaintiff seeks amendment of the plaint in terms of the schedule annexed to the Chamber Summons. The said schedule contains para 7(a) to 7 (e), para 11(a) to 11(d), para 13(a) to 13(c), para 15(a) to 15(b), para 16(a) to 16(b) and prayer clauses a(i), g(i), g(ii), g(iii). The applicant/plaintiff also seeks to join the Municipal Commissioner, 2 Greater Mumbai and the Municipal Corporation of Greater Mumbai as party defendants to the suit. 2. It is the case of the applicants/plaintiffs that what they are seeking to do by way of amendment is only to amplify their case which is already in the plaint. It is contended on behalf of the applicants/plaintiffs that they have already alleged fraud in the matter of development and the sanctioning of the plans by the Municipal Corporation at the behest of the defendants. 3. The above Chamber Summons was on board prior to Diwali Vacation when it was adjourned till beyond Diwali Vacation. However, no affidavit-in-reply has been filed till today. On behalf of the defendant Nos.3 and 9 the learned counsel submits on the merits of the plaintiffs' case as contained in the amendment. This is not the stage at which the merits of the plaintiffs' case can be considered. Considering well settled position in law as regards amendment of pleadings, in my view, Chamber Summons is required to be allowed and is accordingly made absolute in terms of prayer clauses (a) and 3 (b). 4. The applicants/plaintiffs to carry out amendment in the plaint within a period of four weeks from date and serve an amended copy on the concerned parties within a period of four weeks thereafter. The defendants would be entitled to put in their additional Written Statement if so advised. (R.M.SAVANT, J.)