1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.314 OF 2007 IN SUIT NO.1929 OF 2005 Harminder Singh Tarlok Singh Suri ..Plaintiff V/s Smt.Amar Kaur Suri & ors ..Defendants And S. Amarpal Singh Suri ..Applicant Mr.R.D.Dave i/b.M/s.N.N.Vaishnawa & Co., Advocate, for the plaintiff Ms.Pooja Bhatia i/b.M/s.Shah & Sanghavi, Advocate, for the defendant No.4 Mr.Amrik Suri-defendant No.2-present C.A.of applicant in CORAM : R.M.SAVANT, J. DATE : 21ST NOVEMBER, 2008 P.C. . By the above Chamber Summons, the applicant/plaintiff seeks his impleadment in the above suit as a party defendant. It is the case of the applicant that his grandfather has bequeathed the flat in question to the applicant by registered Will dated 12th July, 2004. 2 The applicant has applied for probate of the said Will in this Court and the said Probate Petition is pending. 2. It appears that in another Suit being Suit No.1198/2005 the applicant has been transposed as plaintiff. The said suit also concerns the same flat as in the above suit. In my view, therefore, the applicant if not a necessary is atleast a proper party. The Chamber Summons is, therefore, required to be allowed and is accordingly allowed in terms of prayer clause (a). The plaintiff to carry out amendment in the plaint within a period of four weeks from date and served an amended copy of the plaint on the concerned defendants. (R.M.SAVANT, J.)