1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.820 OF 2007 IN SUIT NO.4184 OF 1998 Badruddin N.A. Khan .. Plaintiff Versus Ahsan Usman Raeen & Ors. .. Defendants Mr.Almeida i/b. R.R.Mishra for plaintiff Mr.A.C.Singh with O.R.Shah for defendant Nos. 1,2,4, 5,7,10 to 16 and 19 CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd March 2009. P.C. . The plaintiff has filed the suit in this Court for declaration that the defendants are trespassers on the suit land and that they be directed to hand over vacant and peaceful possession of the same to plaintiffs. Plaintiff desires to amend the plaint as in the interregnum written statement is filed and therein a plea is raised by defendants that they claim the suit land on the basis of an agreement executed by 2 respondents to this chamber summons. In such circumstances, all pleas pertaining to this agreement and joining of the respondents as party for effective and complete adjudication of the controversy is sought by the plaintiff. Reliance is placed upon the contents of the affidavit in support and the annexures thereto and it is contended by Mr.Almeida that there is no reply to the chamber summons by respondents. 2. My attention is invited by Mr.Singh appearing for defendants to para 7 of the affidavit in support of the chamber summons. He submits that the suit for identical declaration as is sought in the schedule to this chamber summons was filed in the City Civil Court and the same was dismissed. Plaintiff now cannot seek the same reliefs and in any event that relief is time barred. Having perused this chamber summons and affidavits on record, I am of the view that merely because the defendants urge that the 3 earlier suit was dismissed is something which will not straight away de-bar the plaintiff from amending the plaint. If appropriate clarification is given, then the chamber summons can be granted. 3. The amendments can always be granted subject to the pleas of limitation, maintainability so also on merits being kept open. If they are kept open, I see no prejudice at this stage either to the defendants or the respondents. 4. Subject to the pleas on the above aspect being kept open, chamber summons is granted. It is made absolute in terms of prayer clause (a). Amendments to be carried out within two weeks from the date of the receipt of copy of this order. Amended plaint be served on defendants and respondents. Written statement/ additional W.S. be filed within six weeks from the date of 4 receipt of amended plaint. (S.C.Dharmadhikari, J)