IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.331 OF 2009 CHAMBER SUMMONS NO.331 OF 2009 CHAMBER SUMMONS NO.331 OF 2009 IN IN IN COUNTER CLAIM (L) NO.597 OF 2009. COUNTER CLAIM (L) NO.597 OF 2009. COUNTER CLAIM (L) NO.597 OF 2009. IN IN IN SHORT CAUSE SUIT NO.1226 of 1986. SHORT CAUSE SUIT NO.1226 of 1986. SHORT CAUSE SUIT NO.1226 of 1986. Shri Shakti Prints Pvt. Ltd. ..Plaintiffs versus Mr.Ravindra Radhakrishna Trivedi & Others ..Defendants and M/s. Abode Builders ..Respondent Mr.Y.Y.Divekar for the plaintiffs Mr.Arif Bookwala i/b. Deepak Chitnis for Applicant/defendants & plaintiff in counter claim Mr.A.A.JOshi for the respaondent NOs.1 to 5 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th March, 2009. DATED : 16th March, 2009. DATED : 16th March, 2009. P.C. 1. This Chamber Summons is taken out by the plaintiffs in the Counter claim and the defendants in the suit. Affidavit in reply is filed by the respondents. Counsel for the plaintiffs in the counter claim states that the office objections shall be removed as early as possible and in any case before 30.4.2009. 2. I have heard learned Advocate on both the sides on the question of Chamber Summons. After -2- having considered the rival contentions I am inclined to observe that the present plaintiff in the counter claim can be permitted to amend the plaint in terms of this schedule. The argument advanced by learned Counsel Mr. Divekar that the conveyance to which the present plaintiffs are not the parties is sought to be challenged and that too partially, is required to be considered against the present plaintiff. In so far as this aspect is concerned, it is required to be mentioned that the party can’t be prohibited from putting challenge to a particular document if its rights are affected. Whether such a challenge is to be accepted or not will depend upon the merits of the matter and will ofcourse be decided at the time of hearing of the suit. Today, we are at the stage of deciding whether the amendment is to be granted. In my view a liberal view will have to be taken to enable the plaintiffs to put up their case. Hence the order. ORDER . Chamber Summons is made absolute in terms prayer clauses (a) and (b). ii. There shall be no order as to costs. -3- iii. Amendment in terms of schedule to this Chamber Summons to be carried out on or before 1.4.2009. Copy of the same to be served upon the appropriate parties or their advocates on or before 8.4.2009. iv. Suit set down for directions on 15.4.2009 along with pending motions. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)