1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1374 of 2009 in Suit No.2174 of 2009 Dr.Bhatia K.Jamnadas & ors. ..Plaintiffs vs. Poonamchand Nensi Shah & ors. ..Defendants and Shree Sunder Kamla Nagar Coop.Hsq. Society Ltd. ..Intervener applicant Mr.Pradeep Sancheti i/b Mr.Mahesh Vaswani and Mr.Sana Yusuf Baighwala for plaintiffs. Mr.V.M.Waghela for defendant no.1 Ms.Usha Rahi i/b V.B.Tiwari and Co. for defendant no.2 Mr.J.G.Reddy for defendant no.3. CORAM: S.C. DHARMADHIKARI J. 27 th November, 2009 P.C. 1 By consent the chamber summons no. 1374 of 2009 is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks from today. Amendment be 2 carried out to the plaint and pending notices of motion. Let the Notice of Motion no.3856 of 2009 and other notices of motion be placed on board on 14 th December, 2009. 2 Since the applicant is a society representing the slum dwellers, it is stated by Mr.Waghela that there are 69 persons claiming to be the flat purchaqsers of saleable area. The plaintiffs claim to be some of them. The plaintiffs have not joined the others. The others should also be joined as parties. 3 Mr.Sancheti on the other hand states that after seeking relief under Order 1 Rule 8 of the Code of Civil Procedure exemption was granted from issuing public notice on the condition that the plaintiffs published on the notice board of the society, the intimation to all the purchasers about pendency of the proceedings and if they desire to make any submission they should 3 remain present or else the Court will proceed on the basis that the plaintiffs represent them. 4 It is complained that this notice is not adequate. 5 Mr.Sancheti after seeking instructions makes a further statement that before the next date i.e. 14 th December, 2009 the plaintiffs will display another notice prominently on the notice board of the building that the matter is placed on 14 th December, 2009 and the Court will proceed on the basis that the plaintiffs represent all flat purchasers in the saleable component of the project. This notice will be displayed in two languages i.e. English and Marathi by the plaintiffs. 6 S.O. to 14 th December, 2009. (S.C.DHARMADHIKARI J.)