1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1446 OF 2009 IN SUIT NO.686 OF 1998 Mrs.Geeta Jayant Thakur ...Plaintiff vs. Ratnakar Vasant Rath & Ors. ...Defendants Ms Sujata Mhadgut for the plaintiff None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 9, 2009 P.C. 1 Heard learned counsel for the plaintiff in support of the chamber summons. She states that the chamber summons has been duly served to the concerned defendants. 2 The plaintiff has filed a suit inter alia for removal of defendant nos.1 to 3 as trustees of a private trust. The plaintiff is claiming to be a beneficiary under the trust. The prayer in the chamber summons is for impleading the respondent nos.1 to 3 as party defendants. It is contended that the 3 rd defendant and the respondents are together entitled to 1/3 rd share in the beneficial interest of the trust. It is sought to be contended that the trustees continue to use a portion of the 4 th floor of Vasant Niwas for commercial purpose after the death of the 1 st defendant. It is alleged that the said portion of the building ought to have been kept 2 vacant. The amendment is sought for incorporating aforesaid contentions and for seeking a relief on the basis of the said contentions against the defendant nos. 1A, 2A and 3. The proposed amendment does not change the nature of the suit and the same deserves to be granted. The chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within a period of six weeks from today. JUDGE