IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1562 OF 2009 IN APPEAL NO. 281 OF 2008 IN NOTICE OF MOTION NO. 3938 OF 2005 IN NOTICE OF MOTION NO. 3817 OF 2006 IN SUIT NO. 3313 OF 2005 Mrs.Falguni Dinesh Thakkar ........Appellants/Orig.Defd no.7 V/S. Bhavnesh Harish Gandhi & Ors. .....Respondents AND Smt.Shakuntala w/o.Bhalchandra Rawat ...Non-party Respondent. --------- Ms.Nisha Parmar, adv.for appellants. Mr.P.N.Patwardhan i/by.A.Bharat & Co.,adv.for respondent no.3. Mr.Niranjan Lapasiya i/by.Niranjan & Co.,adv. for respondents no.6 to 8. CORAM : J.N.PATEL, & : SMT.R.P.SONDURBALDOTA, JJ. DATED : 6 th OCTOBER, 2009. P.C. : 1. Heard learned counsel for the parties. 2. The learned counsel appearing for the appellants, who is original defendant no.7 states that she may be granted leave to amend prayer clause (a) to the extent of deleting the words that without prejudice to the pending “ proceedings and the orders passed therein from prayer clause (a) in order to ” bring in tune with the requirement of law. Leave granted. Amendment to be carried out forthwith. 3. The amended prayer clause (a) is reproduced as under : (a). “ The proposed respondent be permitted to be brought on record as Respondent no.5(a) as a heir and legal representative of the deceased respondent no.5 and the Appeal and other proceedings be permitted to be amended as per the Schedule annexed hereto and amendments incidental and consequential thereto be allowed to be carried out. “ 4. Chamber Summons is allowed and made absolute in terms of prayer clause (a). Necessary amendment to be carried out within a period of 2 weeks from today. Notice be sent to the newly added respondent, returnable after 6 weeks. Notice be sent by R.P.A.D. in addition to usual mode of service. S.O.6 weeks. [SMT.R.P.SONDURBALDOTA, J] [ J.N.PATEL, J]