1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1089 OF 2007 IN SUIT NO. 1583 OF 2007 Ronald Fairman & Anr. ...Plaintiffs. Vs. Chandrashekhar Achyut Kant & Ors. ....Defendants. ---- None for the Plaintitffs. None for the Applicants. Mr. Dhaval Mehta i/b D.M. Legal Associate, for Defendant no.1. Mr. N.M. Shah, for Defendant no.2. ---- CORAM: S.J. VAZIFDAR, J. DATED : 1ST SEPTEMBER 2009 P.C. 1. The suit is filed for declaration that certain documents allegedly executed in favour of Defendant no.1 are illegal, null and void and for the cancellation thereof. Defendant no.1 alleges to have subsequently transferred his rights under the said documents in favour of the original Document no.2. The original Defendant no.2 has expired and his heirs have been ordered to be brought on record in a separate Chamber Summons no.1913 of 2007. 2. The Applicants have taken out this Chamber Summons to be impleded in the suit along with the Respondents. The Respondents are the children of Applicant no.1. Applicant no.1 states that the Respondents are 2 not presently available to file or affirm this Chamber Summons and have therefore been joined as Respondent. 3. The Applicant claims to have a rights in the suit property which are also subject matter of the documents in respect whereof declarations have been sought in the present suit. She alleges that her deceased husband had not executed any of the said documents. She states that her deceased husband died intestate and these documents are liable to be cancelled. 4. The Applicant and the Respondent would therefore be necessary parties. In any event they would at least be proper parties. In view of the facts and circumstances of the case, it would not be desirable to pass an order merely clarifying that any orders in the suit would not bind them as that would only lead to a multiplicity of proceedings. It is desirable that all contentions pertaining to the said documents and properties are decided in one suit. 5. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). Amendments to be carried out within four weeks from today.