1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1956 of 2007 In Suit No.156 of 1984 Dena Bank. .. .. Plaintiff v/s. Smt.Prema L. Karnani .. Defendant Mr.Anant R. Bamne for Plaintiff. Mr.S.R. Shah i/by Singhi & Co. for Deft. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 21 st July, 2008 P.C. : 1. The Suit has been filed for specific performance of an Agreement entered into between the parties after the admitted lease between the parties expired in 1980. 2. It is the Plaintiff's case that upon expiry of the lease, they were given two options by the Defendant as the lessee. The options were for renewal of the lease or outright purchase. The Plaintiff opted to purchase the suit flat outright for Rs.2 Lakhs. The negotiations ensued between the parties under certain correspondence. The consideration came to be paid. A draft of Agreement came to be prepared. The Plaintiff has averred about the draft in Para- 8 of the Plaint. The Agreement was sent to the Defendant's Solicitors 2 M/s.Crawford Baylay & Co. as is averred in Para- 8 of the Plaint. Thereafter certain negotiations still continued and a formal Agreement was executed between the parties. This has been averred in Para- 12 of the Plaint. It is the Plaintiff's case that the Agreement, which was executed by and between the parties and which has been signed by the Defendant, has not been relied upon and annexed to the Plaint and hence, an amendment as per the Schedule to the Chamber Summons is necessitated. The amendment is in terms of the negotiations between the parties and the ultimate Agreement stated to be executed by and between the parties. 3. In the Written Statement of the Defendant filed in 1984, the Defendant has denied the negotiations as well as the Agreement. The Plaintiff seeks to annex and show the Agreement entered into between the parties by way of secondary evidence. The original Agreement is stated to have remained with the Defendant. A copy of the Agreement is sought to be relied upon by the Plaintiff. That would be secondary evidence in Suit. That is an extension of the Plaintiff's case in a Plaint itself. Consequently, the Chamber summons is required to be allowed. This is despite the Defendant's Advocate's contention that it is a new and 3 wholly inconsistent case. 4. The Chamber Summons is made absolute in terms of prayer (a). The Plaintiff shall carry out the amendments within 2 weeks. The Plaintiff shall also carry out the amendments in the copy of the Plaint served upon the Defendant's Advocate within 2 weeks. The Defendant shall be entitled to file an additional Written Statement within 8 weeks therefrom. [SMT.ROSHAN DALVI, J.]