1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.338 OF 2009 IN SUIT NO. 1057 OF 1997 Usha D. Shah .. Plaintiff Vs Utility Premises Pvt Ltd & Another .. Defendants And Leena J. Desai & Another .. Respondents Mr. Gautam Ankhad i/b Kanga & Co for the Plaintiff Mr. S. Dalal i/b M/s. Dala & Co for Defendant No. 2 Mr. Mayuresh Borkar i/b DSK Legal for Defendant Nos. 3 and 4 CORAM : DR. D.Y. CHANDRACHUD, J DATE : 28th APRIL, 2009. P.C.: 1. The Chamber Summons has been taken out by the 2nd Defendant seeking transposition of the 3rd and 4th Defendants as co-Plaintiffs . Such leave cannot be granted in any event at the behest of the 2nd Defendant. The Plaintiff's suit is for specific performance. The 2nd Plaintiff is dead. The 3rd and 4th Defendants are respectively a daughter in law and grand son of the 1st Plaintiff. The Plaintiff is a dominus litis and in any event, Rma CHS33809280409.sxw 2 the 2nd Defendant who is a developer, cannot compel the transposition of the 3rd and 4th Defendants as co- Plaintiffs. There is no merit in the Chamber Summons which is accordingly dismissed. (DR. D.Y. CHANDRACHUD, J) Rma CHS33809280409.sxw