IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.17 OF 2009 IN SUIT NO.1069 OF 1992 Dr.Ranbir Singh & Ors. ..... Plaintiffs V/s. Kalpana @ Archana Mohan & Ors. ..... Defendants. Mr.R.C.Nichani, for the plaintiffs. Mrs.A.S.Malvankar, for the defendant Nos.1 & 2. CORAM: R.Y.GANOO, J. DATED: 30TH JANUARY, 2009. P.C. 1. This chamber summons is taken out for amendment of the written statement. The plaintiffs have file the present suit for specific performance of the suit agreement in regard to the suit flat. 2. The parties have completed the pleadings. In the course of arguments, the learned counsel for the defendants contended that in the entire plaint, there is no averments by which the plaintiffs have averred that plaintiffs are ready and willing to perform their part of the contract. According to the defendants this is sought to be highlighted by mentioning it in the draft amendment of the written statement and a consequential submission is made for dismissal of the suit. According to the counsel for 2 the defendants, the amendment is necessary so as to resolve the dispute between the parties. 3. I have gone through the plaint. If it is the stand of the defendants that the plaintiffs have not stated in the plaint certain facts and/or plaintiffs have not averred certain things which in law are required to be made, it will be open for the plaintiffs to advance necessary submissions across the Bar at the time of arguments when the Court would be considering whether necessary and appropriate averments are made in the plaint. If according to the defendants the plaint is silent in respect of the certain points, I take it that there is no responsibility cast on the defendants to highlight those points in the plaint and apply for appropriate directions that the suit be dismissed on account of certain major omissions. It can also be pointed out to the Court at the time of final hearing on the basis of the record that certain averments which are absolutely required to be made in accordance with the provisions of law, have not been made and therefore, this suit could not be decreed in favour of the plaintiffs. At this stage, there is no need to state as has sought to be done by the defendants. For the aforesaid reasons, in my view, draft amendment tendered by the defendants through this Chamber Summons is absolutely unnecessary and need not to be granted. 3 4. It is clarified that if defendants have some submissions to be made on the question of certain averments pointing out that certain averments have not been made in the plaint which are required to be made in accordance with the provisions of law, defendants are at liberty to point out the same at the time of final hearing. It will be also open to the defendants to bring this fact on record when witness on behalf of the plaintiffs are being examined. For the reasons aforestated, I am inclined to dismiss the chamber summons. Hence, the order. : O R D E R : 1. The Chamber summons is dismissed with no order as to costs. ( R.Y.GANOO, J. )