*1* chs.1602.10.s.745.09.28.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1602 OF 2010 IN SUIT NO.745 OF 2009 Shivangouda B. Patil and another. ..Plaintiffs -Versus- Vijay B. Patil and others. ..Defendants .......... Mr.G.S.Bhat, for the Plaintiffs. Mr.S.L.Patil i/b L.H.Patil, for the Defendant Nos.1 and 2. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 13th December, 2010. P.C. 1 This is a Chamber Summons to amend the plaint. The Plaintiffs have stated in the affidavit in support that the plaint is required to be amended because the prayer regarding final partition of the premises has not been incorporated, so also, relevant details in relation thereto. 2 The amendment, according to Mr.Bhat, does not change the cause of action but seeks additional claim of partition by metes and bound. Therefore, the structure of suit remains same, so also, the cause of action. 3 The request is opposed by the Defendant Nos.1 and 2 on the ground that the amendment is belated and merely to protract and prolong the litigation taking advantage of the ad-interim order made by this Court on 09.04.2009. 4 After hearing both sides, I am of the opinion that the *2* chs.1602.10.s.745.09.28.sxw amendment as proposed does not change the cause of action nor can it be said to be lacking in bonafides. 5 In such circumstances and when the object and purpose is to avoid multiplicity of the proceedings and that the prayer for partition has been inadvertently missed out, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). The amendment as per the schedule to be carried out within two weeks. The amended plaint to be served in four weeks thereafter. Post this matter for framing the issues in the week commencing 07 th February, 2011. No costs. (S.C. Dharmadhikari, J)