1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1573/2008 IN SUIT NO.637/1974 The Trustees of the Port of Bombay Plaintiffs Vs. Fiddalli Mahomedally Potia (Deceased by heirs) 1-A)Shri.Ismailbhai Fidally Potia and Ors. Defendants Mr.U.J.Makhija a/w Mr.Parag Khandar i/b M/s Mulla and Mulla for the Plaintiffs Mr.Y.H.Muchhala Sr.Counsel a/w Mr.Javed Patel for defendant nos.1- A,1-B,& 1-D to 1- H CORAM: S.J.VAZIFDAR,J. DATE : 7th January,2009. P.C. 1] This Chamber Summons for amendment of the written statement has been taken out by defendant nos.1-A,1-B and 1-D to 1-H .Two reliefs are sought in the Chamber Summons. 2] Firstly they have sought an order impleading one National Forest and General Mills Company Pvt.Ltd..This is based inter-alia on the contention that it is the proposed defendant and not the 2 applicant who would be responsible ,if at all, for mesne profits claimed by the plaintiffs. This relief cannot be granted. The plaintiff is dominus litus . It is for the plaintiffs to decide whether or not to seek recovery of amounts from any party. By not impleading the proposed defendants the defendants' defence is not affected . 3] The second application is to amend the written statement as per the schedule annexed with the Chamber Summons . 4] The amendment recites in detail what transpired after the filing of the suit in support of the defence that the defendants are not liable to pay the mesne profits, if any and that the liability, if any would be that of the proposed defendants.There is no reason to reject the application for amendment. 5] In the circumstances the Chamber Summons is made absolute in terms of prayer 'b'. Amendment be carried out within four weeks.