1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1520 OF 2009 IN SUIT NO. 2272 OF 2009 Haresh Damodar Parmar. ... Plaintiffs. V/s. Promod M. Ranpura & Ors. ... Defendants. And Raichand K. Shah. ... Respondent. Mr. Jaideep Raut i/b. Dipen Furia for the Plaintiffs. Dr. Birendra Saraf i/b. Dr. Santosh Raje for Defendant 1. Mr. Kiran Jain i/b. Kiran Jain & Co. for the Respondent. CORAM : S.C. DHARMADHIKARI,J. DATED : 22nd SEPTEMBER 2009. P.C. :- This is a Chamber Summons for incorporating the subsequent development and by impleading the Respondent as a party Defendant. 2. My attention is invited to an order passed on Notice of Motion in this Suit. That order was passed on 24th July 2009. A limited ad-interim relief was granted with a condition that the Plaintiff takes steps to serve the proceedings. This was an ex-parte ad-interim order. The complaint is that within the time stipulated in this order and considering the provisions of Order XXXIX Rule 3, the Suit itself is now dismissed and therefore, this Chamber Summons does not survive. The 2 second objection is that this is a Suit under Section 6 of the Specific Reliefs Act and prior to the ad-interim order, the original Defendant has transferred his right, title and interest in the suit property in favour of the Respondent, then, the Suit itself cannot be proceeded with as a Suit claiming relief of possession against such a party. The remedy would be to file a substantive suit. 3. Having considered the explanation given on affidavit and the Plaintiff alleging forcible dis-possession at the hands of the Defendants, in the facts peculiar to this case, the Suit is restored to the file. Similarly, the Notice of Motion shall also stands restored to file but without the ad-interim order as made on 24th July 2009. Further, considering the averments in the statements in the affidavit in support of this Chamber Summons and the reply, interest of justice would be sub- served if the Plaintiff is allowed to amend the plaint. Accordingly, the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). 4. Amendment to be carried out within a period of two weeks from the date of the receipt of the copy of this order. After the plaint is amended, the Plaintiff can apply for further reliefs in terms of the other prayers in the Chamber Summons and liberty is reserved to so apply. Without prejudice to the rights and contentions and for a period of four weeks from today, it is assured by the Respondent that he will not create any third party rights nor part with possession of the suit 3 property. The statement is accepted as an undertaking to this Court and it shall come to an end immediately after the period of four weeks, if appropriate amendment in the Suit is made. No order as to costs. (S.C. DHARMADHIKARI,J.)