1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBERSUMMONS NO.1225 OF 2008 IN SUMMARY SUIT NO.85 OF 1999 M/s. Nilay Consultancy & Investment Co. ...Plaintiffs Vs. Harshad Bansilal Sonawala & Ors. ...Defendants Ms.Mahek Bookwala i/b. Dalal & Co., for Plaintiffs Ms. Preeti Menon i/b. Dhiraj Singh for Defendants Ms. O.S. Kutty i/b. Shreeji & Lal for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 7TH OCTOBER, 2008 P.C. 1. The Suit has been filed by the Partnership Firm against the Defendant as an individual firm. There were two partners of the partnership firm who are father and son. The Plaint has been signed by the son who is one of the partners as such. His partner, who is his father, expired on 22nd September, 1999. Soon after the filing of the Suit the Summons for Judgment taken out in the suit came to be disposed off granting the Defendant unconditional leave to defend on 17th February, 2003. 2 2. It is the case of the Plaintiff that he does not know about the legal requirements and technicality of amending the name of the Plaintiff who is a partnership firm into the sole proprietary concern that remained after the death of his father as a partner of the firm. 3. Issues in this suit came to be framed on 20th June, 2008. Upon the Plaintiff who is the sole proprietor of the sole proprietary concern, who has continued to carry on the same business, coming to know all the legal requirements, this Chamber Summons has been taken out. The Applicant who is the sole proprietor of the sole proprietary concern seeks to be joined as plaintiff No.2 and desires to carry out consequential amendments in the plaint. 4. It is seen that this is only a legal requirement. The merits of the case can be seen between the parties upon evidence being led. The Applicant himself has signed the plaint. The applicant has knowledge of the facts of this case. He would be the party plaintiff as a sole proprietor of a proprietary concern in place of the partnership firm in whose name he had initially sued. Consequently the amendment sought is required to be granted. 3 5. The Chamber Summons is made absolute in terms of prayer clause (a),(b) and ( c). 6. The Plaintiff shall carry out amendments in the plaint as well as in the copy of the plaint served upon the Defendants within 2 weeks from today. 7. Suit to be on board on 10th November, 2008. (SMT. ROSHAN DALVI, J.)