1 37 chs 837-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk CHAMBER SUMMONS NO.837 OF 2009 IN SUIT NO. 2800 OF 2005 Pragati Capital & FinancePvt. Ltd. .. Plaintiffs V/s. M/s. R.J. Constructions & Ors. .. Defendants. And Jayesh D. Soni & Anr. .. Respondents. Mr. M.A. Shah i/b A.G. Shah for the Plaintiffs. Ms. J.Goveia i/b Thakore Jariwala for the Defendant nos.1 to 5. CORAM : K.K.TATED, J. DATE : 24TH AUGUST, 2011. P.C. 1 Heard the learned counsel for the Plaintiffs and for Defendant nos. 1 to 5. 2 The learned counsel appearing on behalf of Defendant nos. 1 to 5 seeks some time to file affidavit-in-reply. The same is opposed by the learned counsel appearing on behalf of the Plaintiffs on the ground that present Chamber Summons was duly served on Defendants in the year 2009 and till today they have not filed any affidavit-in-reply. Therefore, the request of the learned counsel appearing on behalf of Defendant nos. 1 to 5 was rejected. 2 37 chs 837-09.doc 3 The present Chamber Summons is preferred by the Plaintiff for bringing on record the subsequent purchaser of the Flat no.701. It is the case of the Plaintiffs that they purchased the Flat No.701 by registered agreement of sale dated 12th June, 2002. Thereafter, they filed the present suit for specific performance of the said agreement. After filing the present suit, the Defendant no.1 sold the suit Flat no.701 to proposed Defendants i.e. Respondent nos. 1 and 2 by registered sale deed. These facts they learnt when the Court Receiver tried to execute the order passed by this court in Notice of Motion no.3682 of 2005. The learned counsel appearing on behalf of the Plaintiffs submits that in view of subsequent development, it is necessary to join the Respondents as Defendants in the present proceeding. The Plaintiffs also want to carry out amendment in the Plaint on the basis of subsequent development. 4 The learned counsel appearing on behalf of Defendant nos. 1 to 5 opposed the present Chamber Summons on the ground that the proposed Respondents are not necessary parties in the present suit. 5 Considering the submissions made by the learned counsel appearing on behalf of the Plaintiffs and averments made in the affidavit-in support of Chamber Summons, it is necessary that subsequent purchasers to be added as Defendants in the present suit. Considering these facts, Chamber Summons is allowed in terms of prayer clause (a) which reads as under: 3 37 chs 837-09.doc “(a) That the Plaintiffs be granted liberty to amend the Plaint as per the Schedule annexed hereto;” 6 Amendment to be carried out within three weeks from today. 7 Chamber Summons is disposed of accordingly. (K.K.TATED, J.)