1 chs1101-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1101 OF 2011 IN SUMMARY SUIT NO.408 OF 2008 Maharashtra State Road Development Corporation Ltd. .. Plaintiffs Versus A.R.Gaikwad and Co. .. Defendants Mr.Nitin Dhumal i/b. Vishal Ghosalkar for applicants/plaintiffs Mr.Dhaval Anja i/b. U.Warunjikar for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd November 2011. P.C.: 1] This is a chamber summons seeking leave to amend the plaint. 2] In the affidavit in support, it is stated that summons for judgement was moved in this summary suit and at the hearing of the same, the plaintiffs realised that there were certain errors in the computation of the claim and it was also realised that defendant is a partnership firm. 2 chs1101-11.doc 3] It is in such circumstances that the Summons for Judgement No.236 of 2008 was withdrawn with liberty to file fresh summons for judgement after amendment of plaint. It is prayed that amendment is only to correct certain errors which have crept in in the pleadings and would not in any manner alter the cause of action or the structure of the suit. 4] On the other hand, it is argued on behalf of the defendants that if these amendments are allowed, the suit no longer remains a suit under order XXXVII of CPC and that valuable rights and particularly defences raised would not be available, if the prayer is granted. 5] It is well settled that this Court is not concerned with merits of the amendments at this stage. Secondly, by merely permitting the plaintiff to amend the plaint does not mean that the Court has in any way ruled upon maintainability of the suit or the claim falling within the ambit and scope of Order XXXVII of Code of Civil Procedure, or otherwise. In such circumstances, the apprehension of the defendants is not well founded. By 3 chs1101-11.doc keeping open all objections with regard to maintainability of the suit and merits of the plaintiffs' claim, this amendment can be allowed. 6] The chamber summons is made absolute in terms of prayer clause (a). Amendments be carried out in terms of the schedule within two weeks from the date of receipt of copy of this order. Amended plaint be served within two weeks thereafter. (S.C.DHARMADHIKARI, J)