1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1331 OF 2008 IN SUIT NO.3376 OF 2003 Fazlur Rahiman Habib Khan .. Plaintiff versus Iqbal Hussain Habib Khan & Ors. .. Defendants Mr.U.V.Singh a/w Mr.D.K.Pande for the plaintiff. Mr.H.V.Kode for defendant No.1. Mr.Samir Suryawanshi i/by Mr.S.A.Sawant for defendant No.4. CORAM : R.S.Mohite, J. DATE : 07th July 2010. P.C.: . This is a chamber summons taken out by the original defendant No.1 for adding certain persons as additional defendants. It is contended that defendant No.3 expired leaving behind defendant Nos.3a to 3g as her heirs. It is seen that in this very case the plaintiff has made an earlier chamber summons being Chamber Summons No.1004 of 2006 for bringing the heirs of defendant No.3 on record. At that stage also defendant No.4 has pointed out that there are other heirs as mentioned in paragraph 2 of his reply. The advocate for the plaintiffs state that those 2 additional heirs were not necessary and he would not like to add them as a party. In the circumstances, the chamber summons was made absolute in terms of prayer clause (a), thus, only joining such heirs as had been named by the plaintiff in the said chamber summons. The present chamber summons is thereafter taken out by the defendant No.1 for adding those additional parties contending that they are necessary parties. 2. The parties in this case are Muslim. There is no concept of joint family property. The plaintiff is in carriage of his suit. In the normal course it is for him to decide as to who should be the defendant in his suit. If he chooses not to make necessary parties as defendants, he runs a risk of reliefs of his suit not being decreed. In the circumstances, I am not inclined to grant this chamber summons. In the result, chamber summons is rejected. It is however made clear that persons who were sought to be added as parties will not be affected by any order passed in the main suit. They will be also at liberty to take out independent proceeding for securing their own interest in the suit property, if any, such interest exists. (R.S.MOHITE, J)