: 1 : nms-2748-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2748 OF 2007 IN CHAMBER SUMMONS NO.319 OF 2006 IN SUIT NO. 177 OF 2006 Mrs. Devi G. Hemrajani and Ors. .. Plaintiffs v/s. Mrs. Manisha Ranjit Hemrajani & Ors. .. Defendants ......... Mr. A. Krishnan Manmadhan for the plaintiffs Mr. Nitin Thakkar, Sr. Counsel a/w. Mrs. H. Toor and G.S. Mohanty for defendant no.1 ......... CORAM : R.Y.GANOO, J. DATE : 22nd FEBRUARY, 2011 P.C. : 1. Affidavit-in-sur-rejoinder dated 5th January, 2011 filed by defendant no.1 is taken on record. This motion is taken out for setting aside order dated 21st March, 2007 thereby dismissing the Chamber Summons No.319 of 2006. This chamber summons has been taken out on 18th July, 2007. 2. I have heard learned Counsel on both sides. I have also perused the affidavits. Looking to the manner in which the litigation has proceeded as also looking to the prayer in the chamber summons which : 2 : nms-2748-07=.sxw is for amendment of the plaint, I am inclined to take a lenient view and allow this motion so that defendants can contest the Chamber Summons No.319 of 2006 on merits. I am inclined to direct the plaintiffs to pay costs of Rs. 1,000/- to the defendant no.1 who has filed affidavit-in-reply. Hence, following order is passed. ORDER (i) Notice of Motion is made absolute in terms of prayer clause (a). (ii) Plaintiff No.2 to pay to defendant no.1 costs of Rs.1,000/-. Cost to be paid within one month from today directly to the advocate for the defendant no.1. (iii) Chamber Summons No.319 of 2006 is restored to the file of the Court. 3. Now that Chamber Summons No.319 of 2006 is restored to the file, this Chamber Summons No.319 of 2006 and Chamber Summons No.1297 of 2006 which is also for amendment of the plaint stands adjourned to 22nd March, 2011. (R.Y.GANOO, J.)