1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.699 OF 2007 IN SUIT NO.979 OF 1982 A.H.Mistry & Co. ..Plaintiff V/s Awadh Narayan Singh Shiv Nayak Singh & ors ..Defendants And Abis Constructions ..Respondents Mr.Sanjay Chaturvedi i/b.Malvi Ranchoddas & Co., Advocate, for the plaintiff Mr.A.K.Kohli i/b.M.J.Shetty, Advocate, for the defendant No.6 CORAM : R.M.SAVANT, J. DATE : 19TH DECEMBER, 2008 P.C. . The above Chamber Summons has been filed by the plaintiffs for amendment of the plaint so as to implead the party, who has purchased the suit property from the original defendant. The plaintiff has also prayed for consequential amendments which are part of the Schedule annexed to the Chamber Summons. 2 2. The above Chamber Summons was heard at length. At the request of the learned counsel for the respondents Mr.A.K.Kohli the matter was kept back for Mr.A.K.Kohli to file an affidavit of the respondents to the effect that the respondents have no objection to the Chamber Summons being allowed as also that they are waiving the service of the Writ of Summons of the amended plaint and also adopting the Written Statement and the written submissions filed by the original defendants. However, Mr.A.K.Kohli states that the representative of the respondent would take time to reach this Court and therefore, he would not be in a position to tender the affidavit in Court. 3. However, Mr.A.K.Kohli makes a statement that the respondents have no objection to the Chamber Summons being allowed and the respondents being impleaded as party defendants to the suit as also the consequential amendment being incorporated in the plaint. Mr.A.K.Kohli further states that the respondents would file an affidavit by Monday i.e. On 22nd December, 2008 stating that the 3 respondents waive the service of the Writ of Summons of the amended plaint, as also adopt the Written Statement and the written submissions filed by the original defendant. Statement of Mr.A.K.Kohli accepted. 4. The learned counsel for the original defendants had stated that inview of the fact that the said defendants have sold the property in favour of the respondents they have now no interest in the above suit. 5. The Chamber Summons is accordingly made absolute in terms of prayer clause (a). Amendment to be carried out within a period of six weeks from date, and an amended copy of the plaint to be served within a period of two weeks thereafter. Mr.A.K.Kohli the learned counsel appearing for the respondents states that the amended copy of the plaint may be served on Shri Y.K.Tiwari of K.P.Tiwari & Co and service on Shri Tiwari, would be accepted as service on the respondents. Liberty is granted to the parties to mention the above suit for appropriate directions as to hearing etc. 4 after the amendments are carried out and an amended copy of the plaint served upon the respondents. (R.M.SAVANT, J.)