1 chs1504-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No. 1504 of 2010 in Summary Suit No. 2158 of 2008 Sunderben Lalji Vira .. Plaintiff v/s. M/s. Oswal Haresh Transport & Co. & Others ..Defendants Mr.Bhaven Gada with Sachin Karia i/b. M/s. Harakchand & Co. for the Plaintiff. Mr.Mukesh Pabari for the Defendants CORAM : R.Y.GANOO, J. DATED : 24th November , 2010 P.C. : 1. Affidavit in reply to the chamber summons is filed as the matter was called out. 2. Chamber Summons is taken up for hearing by consent. The present suit came to be filed by making averments in the plaint which indicate that plaintiffs filed suit on the strength of writing which is at Exhibit A to the plaint. The summons for judgment was taken out by the plaintiffs on the strength of the plaint as was then standing on the 2 chs1504-10.sxw date of taking out of the summons for judgment. 3. In the course of hearing of the Summons for Judgment, it was sought to be indicated to the counsel for the plaintiff that the suit is on the basis of the writing and a perusal of the said writing would go to show that the summary suit could not have been filed on the basis of the said writing. When this was noticed by the learned Counsel for the plaintiffs, plaintiffs have taken out this Chamber Summons and have sought to add new facts and change the nature of cause of action. In the normal course, such a thing could not have been permitted. However, I am inclined to allow the plaintiff to amend the plaint to see that all the facts pertaining to the transaction are brought on record. However, this amendment by itself would not enure to the benefit of plaintiffs for the purpose of deciding the summons for judgment. 4. In view of the above, chamber summons is required to be granted. Hence the following order. 3 chs1504-10.sxw ORDER i. Chamber Summons is made absolute in terms of prayer clause (a). ii. Plaintiff to amend the plaint on or before 16.12.2010, serve upon the defendant’s advocate amended copy of the plaint. This amendment shall not enure to the benefit of the plaintiffs for the purpose of deciding the summons for judgment. There shall be no order as to costs. iii. After this order is passed, Counsels are informed that the court is taking the summons for judgment for arguments immediately. [R.Y.GANOO, J.]