: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.141 OF 2010 IN SUIT NO.233 OF 2010 Hemant Vyas .. Plaintiff v/s. Smt. Archana Subhash Kamtikar .. Defendant And Central Bank of India .. Respondent ......... Mr. M. Chauhan for the plaintiffs Mr. Mayur Khandeparkar i/by T.N. Tripathi & Co. for respondent no.1 None for defendant ......... CORAM : R.Y.GANOO, J. DATE : 9th JUNE, 2010. P.C. : 1. The plaintiff has instituted this suit for a declaration that the defendant executed a mortgage in his favour and that is the mortgage first in point of time. The suit is pending. The plaintiff has taken out chamber summons for joining Central Bank of India as a party defendant. : 2 : 2. Counsels on both sides conceded that Central Bank of India is a mortgagee in respect of a mortgage executed by plaintiff dated 5th March, 2003. If the plaint is perused, it goes to indicate that according to plaintiff the mortgage was executed on 13th May, 2002. If these dates are taken as correct, the claim of the plaintiff that mortgage executed by defendant in his favour is first in point of time, in that case, presence of the respondent is not required to proceed with the suit. In my view, this chamber summons need not be granted as presence of respondent- Central Bank of India is not at all necessary to resolve the controversy between the plaintiff and the defendant. In view of this, Chamber Summons can be dismissed. 3. Accordingly, the chamber summons is dismissed. There shall be no order as to costs. Suit to come up for hearing in usual course. (R.Y.GANOO, J.)