abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 383 OF 2008 IN SUIT NO. 712 OF 2003 Mrs. Neelaben Dahyabhai Patel .. Plaintiff V/s Norein w/o George J. Pareira & Ors. .. Defendants And Viren Pravin Choksey .. Applicant Ms. N.S. Moily for the plaintiff. Ms. Sandhya Mailagir i/b Mr. Bhavesh Parmar for the defendants. CORAM : D.G. KARNIK, J. DATE : 18TH JUNE 2008 P.C. P.C. P.C. : 1. Heard. 2. This chamber summons is taken out by a third party for joining himself as a party defendant in the suit. 3. According to the applicant, he has purchased the rights in the property under a development agreement - 2 - dated 15th April 2005 and therefore he is entitled to be joined as party defendant. Firstly, the development agreement has been entered into during the pendency of the suit. Under section 52 of the Transfer of Property Act, the property cannot not have been transferred by any party to the suit without the leave of the Court. Such leave has not been obtained. Secondly, the document under which the applicant claims is only in the nature of an agreement and prima facie does not show that any rights are created in favour of a third party. Thirdly, clause 22 of the development agreement specifically provides that the owners shall remain responsible to defend all suits at their own costs. In the circumstances, the responsibility of defending the suit is of the owner and has not been passed on to the applicant. 4. In the circumstances, there is no merit in the chamber summons which is hereby dismissed. (D.G. KARNIK, J.)