1 CHS.216.09-S.602.2007.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 216 OF 2009 IN SUIT NO. 602 OF 2007 Jehangir Adi Wadia & Ors. ...Plaintiffs Vs. Reshamsingh Pyarasingh & Ors. ...Defendants Mr. Ahmed Sayed a/w. Ms. Amitha Poojari i/b. Counsult Legal for the Plaintiffs Mr. Vishal Kanade i/b. Narayan & Narayan for Defendants 1 and 2 Mr. N.B. Khan for Defendants 7 and 8 CORAM : SMT. ROSHAN DALVI, J. DATED : 20TH JUNE, 2011 P.C. : 1. The suit is filed for recovery of possession of the properties described in paragraph 12 of the plaint from the Defendants. The properties are Survey No.158, Hissa No.1 (part) and Survey No.156, Hissa No. 7. 2. The defence in the suit must, therefore, be with regard to the aforesaid two survey numbers alone. 3. The written statements of the Defendants have been filed since 2007. Defendants 7 and 8 seek to amend their written statements. Advocate on their behalf contended that there are several other properties in possession of Defendants 7 & 8 and there are several 2 CHS.216.09-S.602.2007.sxw other properties of the Plaintiffs for which there are disputes between the Plaintiffs and Defendants 7 and 8 as well as between Defendants 1 and 2 and Defendants 7 and 8. He, therefore, argued that facts relating to those properties must be allowed to be stated because by inadvertence they were not stated in the original written statement. 4. The schedule of amendment is required to be considered parawise: 5. Paragraph 62(a) shows enumeration of various other hissa numbers of survey Nos.156 claimed by Defendants 7 and 8 by adverse possession. These are not the properties in dispute. The dispute, if any, cannot be raised by the Defendants in the suit for other properties. These amendments, therefore, cannot be allowed. 6. Paragraph 62(b) shows two properties which are suit properties and two other hissa numbers of Survey No.156 which are not the suit properties. For the suit properties it is stated that the Plaintiffs are original owners and Defendants 7 and 8 have filed certain suit claiming adverse possession against the Plaintiffs. Averments with regard to that suit are made in the original written statement. The Defendants 7 and 8 would be entitled to rely upon a certified copy of the plaint in that behalf. The averments in the paragraph with regard to the two suit properties are mere repetition of introductory nature and do not show any other facts to be brought on record. 3 CHS.216.09-S.602.2007.sxw 7. Together with the suit properties Defendants 7 and 8 have sought to add other two properties which are not suit properties being different hissa numbers of survey No.156 to claim adverse possession. Since they are not suit properties that dispute cannot be brought into this suit. If the Plaintiff has already sued for declaration that they are in adverse possession of those properties also, it would be decided in that suit. Hence amendments under paragraph 62(b) are also not required to be allowed. 8. From paragraphs 26(c) onwards are certain averments relating to the dispute between Defendants 1 and 2 on the one hand and Defendants 7 and 8 on the other. They also relate to disputes between Defendants 7 and 8 and certain 3 rd parties who are not Defendants in the suit. After setting out the disputes and certain earlier litigations filed by Defendants 7 and 8 against Defendants 1and 2 as also other 3 rd parties, Defendants 7 and 8 have sought an injunction against Defendants 1 and 2 in the Plaintiff’s suit. 9. Defendants inter se cannot apply for injunction in the Plaintiff’s suit. Whatever be the averments in the suits relied upon in these paragraphs would be decided in those suits. Consequently, amendments under paragraph 26(e) to (g) also cannot be allowed. 10.Further amendments are sought in the list of documents annexed to the written statement. Documents at Nos. 55(a) and (c) relate to 4 CHS.216.09-S.602.2007.sxw the records and proceedings in the suit filed by Defendants 7 and 8 against Defendants 1 and 2 and other 3 rd parties. They do not relate to the dispute in the suit. These are, therefore, not relevant documents in the suit. The other documents are shown to be certain orders of Revenue Authorities, notices and letters of Revenue Authorities and receipts issued by certain Revenue Authorities and the photographs of the properties. If these documents relate only to the two suit properties, they may be relied upon by the Defendants in their affidavit of documents and offered for inspection. The admissibility of these documents shall be considered by the Court at appropriate time. At present, in view of the fact that the orders, notices, letters and receipts of the Revenue Authorities are not shown to be with regard to the two suit properties no directions for allowing the Defendants to amend the list of documents annexed to their written statement can be passed. 11.The photographs sought to be relied upon as additional documents are relied upon, without any description in the list of documents annexed to the written statement. The admissibility of all the photographs shall be considered at appropriate time. 12.It is seen that there is nothing further that need be added to the written statement of Defendants 7 and 8 with regard to the two suit properties. 13.It is seen that the Defendants 7 and 8 have sought to misguide the 5 CHS.216.09-S.602.2007.sxw Court and create evidence not within the scope of the suit and not relating to the suit properties. The amendments are not bonafide. Hence the application for amendments is rejected. 14.Consequently, no amendments to the written statement can be allowed. The Defendants shall be entitled to file their affidavits of documents showing the documents in the list of documents annexed to the written statement and any further documents which are in respect of only the two suit properties. 15.The prayer for injunction is refused as being completely misconceived. 16.The Chamber Summons is, therefore, dismissed except for the observation with regard to the additional documents as above. (SMT. ROSHAN DALVI, J.)