IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.576 of 2007 in Summary Suit No. 1586 of 2001 Rabo Bank ..Plaintiffs vs. State Bank of Hyderabad ...Defendants Mr.Rahul Mascaranhas i/b Mulla and Mulla and CB and C. for plaintiffs. Ms.Manisha Pant i/b M/s Bhave and Co. for defendants. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. CORAM S.C.DHARMADHIKARI J. 8th April, 2008 8th April, 2008 8th April, 2008 P.C. P.C. P.C. 1. The plaintiffs have instituted the above summary suit. It is contended that when the suit was pending and when summons for judgment was moved therein they noticed that certain documents were not annexed to the plaint and were left out due to sheer inadvertence. In the light of the contentions raised and particularly with regard to the claim of interest by the defendants, that it has become necessary to amend the plaint. There is no change in the cause of action nor is the chamber summons malafide. Similarly, this is not a case where any admissions are sought to be wiped out. Therefore, the chamber summons be granted by applying liberal principles is the submission. 2. On the other hand the defendants which is a Nationalised Bank, in reply, has denied the contentions in the affidavit in support and apart from urging that there is a change in the cause of action has contended that the suit claim is hopelessly barred by limitation. Further, the suit itself is not maintainable as a summary suit. 3. In my view each of the submissions of the defendants would not be affected adversely if the amendment is granted. Settled law is that the amendment can be granted subject to bar of limitation being kept open. Secondly, even if the amendment to the summary suit is permitted, it does not mean that the issue of maintainability of the summary suit or jurisdiction of this Court to entertain and try it as such is concluded. Even those issues are kept open. Further, all arguments on merits of the claim and whether there are any triable issues or not are also not affected merely because the plaint is allowed to be amended. Each of the said aspects are kept open and subject to the same, the chamber summons is allowed and is made absolute in terms of prayer clause (a). Amendment to be carried out within a period of two weeks from today. z(S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)