1 chs612-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.612 OF 2011 IN SUIT NO.3217 OF 2010 Nikhil M. Kanakia & Anr. ....Plaintiffs V/s. Maganlal N. Kanakia & Ors. ....Defendants Mr.Harshad Parekh for the Plaintiffs. Ms.Megha Martins i/b Purnanand & Co. for Defendant Nos.1 to 3. Mr.Cyrus Ardeshir i/b Mrs.Aakansha Thakkar for proposed Defendant No.4. CORAM : S.J. VAZIFDAR, J. DATE : 30TH NOVEMBER, 2011. P.C. :- 1. The plaintiffs have filed this suit as the beneficiaries of a private trust. They seek inter-alia an order declaring their rights in the trust ; disclosure of the assets of the trust and for accounts. By this chamber summons, the plaintiffs seek to implead the applicant, who is the wife of defendant No.3, as defendant No.4. The contention broadly is that defendant No.4 has illegally acquired the rights in respect of a part of the trust property. Qua defendant No.4 it appears to be a tracing action. 2. Whether the property in the hands of defendant No.4 2 chs612-11 constitutes trust property and whether the suit is maintainable at the instance of the plaintiffs, who have not yet become the beneficiaries are not relevant for the purpose of this chamber summons. Needless to add that the contentions including any preliminary objections as to the maintainability and the question of limitation are kept open. 3. In the circumstances, the chamber summons is made absolute in terms of prayers (a) and (b). The amendments to be carried out within two weeks from today.