:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1552 OF 2007 IN SUIT NO.3320 OF 2003 Malti Madhav Desai ...Plaintiff Versus Municipal Corporation of Greater Mumbai and Ors. ....Defendants ====== Mr. Nusrat Shah with with Mr.A.K.Gupta, Mr.V.A.Almeida, Maqsood Ansari, Ms. Parveen Contractor i/by. Bhandary and Bhandary, Adv. for the plaintiffs. Mr.G.V.Murthy Adv. for Defendant nos.4 to 6. Mr.R.S.Sirsikar i/by. H.V.Tendolkar for BMC/Respondent-Defendants 1 to 3. CORAM: S.C.DHARMADHIKARI, J. DATED: 10TH APRIL, 2008. P.C. P.C. P.C. : : : 1. This is a Chamber Summons for amendment of the plaint. 2. The plaintiff has filed a suit to challenge an :2: :2: :2: Auction sale. At various places in the plaint, according to her, the date is mentioned of the Auction sale and conclusion of proceedings in furtherance thereof. However, she has now discovered that the date mentioned by her is erroneous and the correct date is the one which is referred to in the Schedule to the Chamber Summons and the Affidavit-in-support. 2. Mr.Murthy who appears for Defendant nos.4 to 6 relies upon this Affidavit and submits that by allowing such amendment, the cause of action will be altered. Further, the Application is filed after considerable delay and is result of an afterthought on the part of the plaintiff. 4. Having perused the Chamber Summons and the Affidavit-in-support, so also, the Reply, I am of the view that the cause of action and the relief does not change. The nature of the controversy remains the same, inasmuch as, the challenge is to the Auction Sale and that Defendant nos.4 to 6 cannot derive any benefit therefrom. Now, some particulars are sought to be inserted with regard to the Auction Sale on the basis :3: :3: :3: that the one already incorporated are erroneous. It is not as if by allowing the amendment, all statements in the Affidavit-in-support and the Chamber Summons or the Schedule are admitted. The contesting Defendants,so also, the Municipal Corporation will have all opportunity to meet the contents of the amendment Application and place their own version on merits. Without prejudice to the rights and contentions of the defendants on merits, so also, granting them liberty to raise all pleas in that behalf, the Chamber Summons is made absolute in terms of prayer clause (a). For the delay, the plaintiff to pay costs quantified at Rs.1,000/- to defendant nos.4 to 6 within a period of 2 weeks from today. Amendment to be carried out within a period of 4 weeks. Liberty to file Written Statement/additonal Written Statement to be filed within a period of 6 weeks from the date of receipt of amended pleas. sd/- ************