1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION’ CHAMBER SUMMONS NO. 1443 OF 2009 IN SUIT NO. 84 OF 2007 Mr. Kamalbir Singh .. Plaintiff Vs 1. Maharani Nirmalkumari V. Chauhan & 5 ors. .. Defendants .. Mr. Sanjay Udeshi i/b M/s. Sanjay Udeshi & Co. for the plaintiff. Mr. Rajesh L. Sethia for the defendants No.l1, 3 and 4 in support Mr. Astad Randeria, Ms. Pinaz Mistry, Ms. Simran Gurnani & Ms. Dimple Ganjawala i/b M/s.Mulla & Mulla & Cragie Blunt & Caroe for the defendants No.5 and 6. CORAM: S.J. VAZIFDAR, J. DATED : 1ST DECEMBER, 2009 P.C. : By consent, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). Further, by consent, Shri Chandrakant Shanabhai Patel is impleaded as defendant No.1(a), also as a Trustee of the said Trust of which defendant No.1 is a Trustee. 2 2. The Trust has been created under a Will which is sought to be probated before the District Court, Vadodara. The amendment, so far as defendant No.1 is concerned, shall reflect that defendant No.1 is impleaded in her personal capacity as well as in the capacity of a Trustee of the said Trust. This is to ensure that in the event of the Will not being probated, the suit as against defendant No.1 shall continue in her personal capacity also. This is especially in view of the fact that the Will is being challenged. 3. Amendments to be carried out within four weeks. Chamber Summons is, accordingly, disposed of.