1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 2002 OF 2007 IN SUIT NO.2034 OF 1985 Dr.(Miss) Charulata C. Patel ..Plaintiff. Vs. Ranjit Virk & Ors. ..Defendants. --- Mr.Vaibhav Mehta i/b M/s Divyakant Mehta & Assoc., for the Plaintiff. Mr.Desai i/b Desai & Desai, for Defendant no.1. Mrs. U.K. Shah i/b V.K. Shah, for Defendant nos.2 and 3. ----- CORAM : S.J. VAZIFDAR, J. DATED : 24TH AUGUST, 2009 P.C. :- 1. By this Chamber Summons, the Plaintiff seeks to amend the plaint by including claim for mesne profit. 2. The only contention on behalf of the Defendants is that the claim is barred by limitation and therefore the amendment ought not to be allow. 3. The application is taken out after delay of 22 years. On that 2 ground alone I am not inclined to reject the amendment. It is also contended that the directions have been issued in this suit including regarding evidence. However, the evidence has not commenced and affidavits-in-lieu of examination-in-chief have not been filed. The rights of the Defendants can adequately be protected by making the amendment effective only from the date of the Chamber Summons. 4. The Chamber Summons is made absolute in terms of prayers (a), (b) and (c). Amendment to be carried out within two weeks from today. It is clarified that this amendment shall come into effect only as of the date of the Chamber Summons. All rights and contentions as to the claim being barred by limitation are kept open. 5. The Chamber Summons is accordingly disposed of.