1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.705 of 2009 in Suit No.1512 of 1989 Prabhashankar Punjiram Joshi & anr. ..Plaintiffs vs. Prahladray Punjiram Joshi and others ..Defendants Mr.J.V.Parmar for plaintiffs Ms.Pawar i/b Mr.R.T.Parekh for defendants. CORAM: S.C. DHARMADHIKARI J. 7th December, 2009 P.C. 1 The suit is filed for dissolution of partnership and accounts. The Chamber Summons is moved for amendment of the plaint to bring on record certain acts by which the defendants allegedly used the partnership funds to obtain properties and assets in their own name. There are certain instances given of their acts of omission and 2 commission. 2 After the matter was argued for some time, it is agreed that these are nothing but illustrations and examples of how defendant nos.1 and 2 have been managing the affairs of the firm. It is nothing but the instances in support of the allegations made in paragraphs 5 to 7 of the plaint. In these circumstances, and when the suit is filed on the basis that the parties have lost faith and trust in each other and the plaintiffs are alleging manipulation of books of account, siphoning of funds and causing waste, in my view, it would be open for the plaintiffs to rely upon the instances which are placed on record of the affidavit in support of the Chamber Summons while leading evidence in the suit. The suit is of the year 1989 and, therefore, interests of justice would be served if the plaintiffs are permitted to give appropriate details and particulars about the acts 3 allegedly committed by the defendants. They can do so, in their evidence and further rely on the documents which are annexed to the affidavit in support of the chamber Summons as well. Giving them liberty and keeping open all contentions of both sides, the Chamber Summons is disposed of. However, the plaint can be amended to the extent of providing fresh addresses of the defendants. That amendment be carried out within two weeks from today. (S.C.DHARMADHIKARI J.)