1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.466 of 2010 IN Suit No.995 OF 2005 Sultan Gulamali Karim Chhatriwala ... Plaintiff v/s. Mrs.Conceicao Minguel Francis D Costa & anr. ... ... ... Defendants And Proactive Shipping Co. (P) Ltd. ... Applicant (Proposed plaintiff) Mr.Darkshesh Vyas i/by Daniel M. Arif for Plff. Mr.Swapnil Bangar i/by A.V. Jain & Asso. for Defts. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 12th April, 2010 P.C. : 1.The Applicant seeks to be substituted as the Plaintiff in the place and stead of the original Plaintiff. The Applicant has been assigned the suit property under a Deed of Assignment. The original Plaintiff is shown as the owner of the suit property in paragraph 1 of the Plaint. The original Plaintiff inter alia is also shown as the owner and consequently the assignor in the Deed of Assignment. The original Plaintiff is also shown as a tenant in respect of an office (North garage). 2 2.Since he is shown as the tenant, it is contended on behalf of the Defendants that the assignment is not made by the owner and the Plaintiff is not the owner but the tenant. The contention is misconceived. The Plaintiff is the owner and the Plaintiff has assigned the suit property and the Plaintiff is also a tenant in respect of one portion of the suit property. Consequently, the substitution is required to be allowed. 3.It is contended by the Defendants that one Advocate cannot appear and plead on both sides. The Advocate for the original Plaintiff and the Applicant, who seeks to be the Plaintiff, is the same. He is not an Advocate on both sides. 4.The Defendants claim that if the Suit was filed by the Applicant, it would be barred. The Suit is not filed de novo by the Applicant. The Applicant is being substituted in the cause of action which has already accrued and which has devolved upon the Applicant. The Applicant would, therefore, only get the rights, if any, that the original Plaintiff had pursuant to the Deed of Assignment. The Chamber Summons is made absolute in terms of prayers (a) and (b). 5.The Applicant shall carry out the necessary amendments 3 within 2 weeks. The Applicant shall carry out the necessary amendments in the Plaint already served upon the Defendants within 2 weeks. (SMT.ROSHAN DALVI, J.)