1 chs109-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa CHAMBER SUMMONS NO. 109 OF 2010 IN SUIT NO. 1816 OF 1989 Xavier Hillary Geoffry Almeida & Anr. .. Plaintiffs v/s. Mrs. Maria Felinta Viola Rodrigues & Ors. .. Defendants And Doreen Amy Philomena Peris .. Applicant .... Mr. M. S. Dehlvi i/b. M/s. Nagandhi Shah & Himayatullah for the plaintiffs. Mr. R. S. Tripathi for Defendant Nos. 3, 5 to 7. .... CORAM : R. S. MOHITE, J. DATE : JULY 26, 2010. P.C. The affidavit of service dated 25th July, 2010, is taken on record. The same indicates that the chamber summons had been served on the advocate for the plaintiffs on 8th June, 2010. Similarly, advocate for defendant Nos. 1a,1c, 1d, 1e, 1f and 1g have also received the chamber summons on 8th June, 2010. 2 chs109-10 Though, more than one month has lapsed, no reply has been filed. The advocate for the plaintiffs seeks time to file reply. I am not inclined to grant any time to the plaintiffs. The chamber summons is for being added as a party defendant to the suit. The plaintiffs have sought a prayer for declaration of title to the property. They claim the title under a Will. The applicant is a real sister of plaintiff no.1. She has disputed the will and has filed the caveat in the probate petition. The probate petition has been directed to be decided alongwith the suit. Since the relief claimed includes a declaration of title and since both the suit is heard together, in my view, the applicant is a necessary and proper party. In the circumstances, the chamber summons is allowed. The applicant is, therefore, added as defendant no.8 in the original suit. 2. Amendment to be carried out within four weeks from today. 3. The added defendant is directed to file her written statement within a period of four weeks after being served with the copy of the plaint. 3 chs109-10 4. The chamber summons is accordingly disposed of. [ R.S. MOHITE, J. ]