( 1 ) 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 USJ CHAMBER SUMMONS NO.202 OF 2009 CHAMBER SUMMONS NO.202 OF 2009 CHAMBER SUMMONS NO.202 OF 2009 IN IN IN SUIT NO.489 OF 1992 SUIT NO.489 OF 1992 SUIT NO.489 OF 1992 Mr. Prabhakar M. Pathare & Ors. ..Plaintiffs V/s. Gulab Bhaindarkar & Ors. ..Defendants ...... Mr. N.K. Mudnaney for the plaintiffs Mr. P.C. Kansara for defendants. ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th March, 2009 DATED : 25th March, 2009 DATED : 25th March, 2009 P.C.: P.C.: P.C.: 1. Affidavit in reply to the Chamber Summons is filed. Heard Counsel on both the sides. By the present amendment, the plaintiffs want to add to paragraphs, which are listed in the Schedule. Counsel for the defendants contended that if the amendment is granted, it will change the cause of action. He also contended that plaintiffs want to seek relief by alleging by decree in the Court of Small Causes in Suit No.RAD.375 of 1992 is obtained by fraud. 2. After having considered the text of the Schedule, in my view the amendment is narration of certain facts without there being any addition in the nature of prayers. In my view, if the plaintiffs want ( 2 ) to simply put certain averments that by itself cannot be stopped. It will be open for the defendants to controvert the said facts by filing additional written statement. The amendment in terms of Schedule to be conveniently granted and hence, the following order. ORDER ORDER ORDER . Chamber Summons is made absolute in terms of prayer clause (a). . There shall be no order as to costs. . Plaintiffs to carry out amendment in terms of Schedule on or before 9th April, 2009. Serve upon learned Counsel Mr. Kansara for the defendants amended copy of the plaint on or before 16th April, 2009. Suit is set down for direction on 21st April, 2009. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)