1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 515 OF 2008 IN SUIT NO. 338 OF 2008 Mahmood Omar Wakani & Anr. ...Plaintiffs. Vs. Khalid Omar Wakani & Anr. ...Defendants. And Vijaya Bank ...Respondent. ---- Mr.Cyrus Ardeshir a/w Ms. Harshal Manik i/b Rustomji & Ginwalla, for the Plaintiffs. Ms. Sanaya Dadhichanji i/b M.K. Ambalal & Co., for Defendant No.1. Ms. Deepali Thakar i/b Ms. H.N. Mody for Defendant No.2. ---- CORAM : R.V. MORE, J. DATE: 13th November, 2009 P.C.: 1. Heard the learned counsel for the Plaintiff and the learned counsel for the Defendants. The Respondent is served and they have also filed a reply. However, none appeared on their behalf. 2. The present Chamber Summons is filed by the Plaintiff for amending the plaint. The aforesaid suit is filed for administration of estate of the deceased father, and to challenge the deed of conveyance executed by the deceased father of the Plaintiff and Defendant No.1 in 2 favour of Defendant No.1. The Plaintiff took out the Chamber Summons for interim reliefs. In the reply, Defendant No.1 pointed out that one of the properties is mortgaged to the Respondent-Bank. When this facts was disclosed, the Plaintiff filed the present Chamber Summons to implead the Respondent-Bank as party Defendant, and consequential amendment, as also to challenge the transaction of mortgage between Defendant No.1 and the Respondent-Bank. 3. Since the Plaintiff is claiming that the property mortgaged to the Respondent-Bank was initially belonged to his father and mother, in my view, the respondent is necessary party to suit. The proposed amendment is also not contrary or inconsistent with the pleadings in the suit. 4. In above circumstances, the Chamber Summons is made absolute in terms of prayer clause (a). Plaintiffs to carry out necessary amendment within four weeks from today and serve amended copies of the plaint on the Defendants within two weeks thereafter. ( R.V. MORE, J. )