1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk CHAMBER SUMMONS NO. 1429 OF 2010 IN SUIT NO. 3301 OF 1996 Minakshi M. Pitroda .. Applicant/Plaintiff Vs. Devchand V. Rathod & Ors. .. Defendants. Mr. Rajendra N. Bhagattjee for the Applicant/Plaintiff. Mr. Vivek Shiralkar with Sushant Chavan i/b Shiralkar & Co. for Defendant Nos. 1 to 6 & Respondent Nos.1 to 5. Mr. Zubin Behramkamdin with Dhiren H. Shah with Ms. P. Mani Bajpai i/b Vimla & Co. for Respondent No.6. Mr. Naushad Engineer with Mr. Hemang Roythatha i/b RMG Law Associates for Defendant No.13. CORAM : MRS. R. S. DALVI, J. DATE : 30th April, 2010. P.C. 1. The Plaintiff desires to bring the heirs of certain deceased Defendants on record. The Plaintiff also desires to bring the new developers on record. Defendant Nos.1, 2, 3, 11 & 12 have expired. The delay in taking out the Chamber Summons is condoned. The issue of limitation, if any, that may be agitated in the suit is kept open. The plaintiff shall bring the heirs of the deceased Defendant Nos.1, 2, 3 & 11 on record. 2. Defendant Nos.7, 8, 9 & 10 in the suit who are the previous developers are sought to be deleted. 2 Defendant No.12 has expired and sought to be deleted. 3. Certain further amendments are made by way of paragraphs 9 (a), 9(b) & 9(c). Defendant No.13 opposes these amendments on the ground that the amendments make out a completely inconsistent case with the one which is set out in paragraphs 6, 7 & 8 of the plaint. 4. I have gone through the aforesaid paragraphs of the plaint and the aforesaid paragraphs of amendments. No inconsistent case such as cannot be allowed by way of amendment is made. The amendments in the Chamber Summons are allowed accordingly. The Chamber Summons is made absolute in terms of prayer clause (a), (b) & (c). The Plaintiff shall carry out amendments within 2 weeks. The Plaintiff shall also carry out amendments in the copies of the plaint served upon original Defendants within 2 weeks. The Respondents represented by Mr.Shiralkar and Mr. Behramkamdin waive service. The plaintiff shall serve the copy of amended plaint upon Respondents. The other Respondents who have been allowed to be made party Defendant and heirs and legal representatives of original Defendant Nos.1, 2, 3 & 11 shall be served copy of the amended plaint. All the Respondents are entitled to file their Additional Written Statement within 30 days. 5. The Chamber Summons is disposed of accordingly. (R. S. DALVI, J.)