1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1873 OF 2008 IN SUIT NO.2886 OF 2007 Satish V. Shah & Anr. ....Plaintiffs V/s. Shyam T. Sachnandani & Anr. ....Defendants And Smt.Kanklata D. Gandhi & Ors. ....Applicants Mr.Sanjay Jain i/b M/s.Pravin Mehta & Mithi for the Plaintiffs. Mr.J.S. Shukla i/b Vaibhav Mehta & Associates for the Applicants. CORAM : S.J. VAZIFDAR, J. DATE : 21TH AUGUST, 2009 P.C. :- 1. The Applicants seek to be impleaded as Defendant Nos.2 to 5. The suit is filed for a declaration that an agreement dated 30.4.2005 entered into between the Plaintiff and the Defendants is duly cancelled and for a decree of possession in respect of the suit premises. 2. According to the Plaintiffs, they are the tenants of the suit premises. The Applicants are the heirs of the owner of the suit premises. They are, therefore, today the landlords of the suit 2 premises. According to the Plaintiffs, they had assigned their rights in respect of the suit premises to the Defendants under the said agreement dated 30.4.2005 but that the Defendants having committed the breaches thereof, the Plaintiffs terminated the same and sought to recover the possession of the said premises. 3. Any decree or order interim or final, in this suit would affect the Applicants. There are already disputes between the Applicants and the parties to the suit which are pending before the Small Causes Court. There is a grievance on behalf of the Applicants that certain orders passed in the present proceedings in their absence affect their rights. 4. In my opinion, therefore, the Applicants are necessary parties. Their absence may not only lead to orders being passed to their prejudice but even to multiplicity of proceedings. 5. The apprehension that merely by impleading the Applicants as parties to the suit, this Court would have no jurisdiction is unfounded. If this Court has jurisdiction to try the suit between the existing parties, it will not loose jurisdiction merely by virtue of the Applicants being impleaded. The Applicants are impleaded essentially to ensure that no orders are sought or passed to their prejudice behind their back. 6. The order is also without prejudice to the rights of all the parties including the Applicants in the proceedings pending in the Small Causes Court. 7. In the circumstances, the Chamber Summons is made 3 absolute in terms of prayer (b). The amendments to be carried out within four weeks from today. Liberty to the Applicants to take out appropriate proceedings for any other reliefs including the remaining reliefs in the present Chamber Summons, after carrying out the amendments.