: 1 : 6430-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6430 OF 2011 M.K. Chakranarayan .. Petitioners v/s. Moder English School & Ors. .. Respondents ......... Mr. V.Y. Sanglikar for the petitioners Ms. Jyoti Chavan for respondent no.1 ......... CORAM : R.Y.GANOO, J DATE : 6th SEPTEMBER,2011. P.C. : 1. The petitioners herein filed Chamber Summons No.56 of 2011 in L.C. Suit No. 2837 of 2010 which is presently pending in the Bombay City Civil Court at Bombay for seeking to join the applicants as party defendants as according to the petitioners, the applicants are the trustees and they are the concerned in respect of the property covered in the L.C. Suit No. 2837 of 2010 and that their presence in the aforesaid suit is required for proper adjudication. Learned Judge of the City Civil Court has by order dated 31st March, 2011 dismissed the said chamber summons. : 2 : 6430-11-wp=.sxw 2. The petitioners have challenged this order dated 31st March, 2011. I have heard learned Counsel on both sides. Learned Judge of the City Civil Court has dismissed the Chamber Summons primarily on the ground that the petitioners who were the applicants before the learned Judge have not produced appropriate documentary evidence to show that the applicants are the trustees as also the property covered by the aforesaid suit is in the ownership of the trust. In my view, the point raised by the learned Judge of the City Civil Court is correct. It was necessary for the applicants to annex the necessary documents to the chamber summons so that the Court chould have considered all those documents, gone into the questions raised in the chamber summons and decide the same. Dismissal of the chamber summons is on technical grounds. Hence, there is no difficulty in allowing the petitioners to file the fresh chamber summons making out appropriate case on the basis of necessary documents. 3. No interference is called for in the impugned order dated 31st March, 2011 passed in the chamber summons aforesaid mentioned. However, that dismissal will not come in the way of the petitioners to file a fresh chamber summons by making out appropriate case by enclosing necessary : 3 : 6430-11-wp=.sxw documents. Learned Judge of the City Civil Court shall consider the said chamber summons if so filed, on merits without looking to the order dated 31st March, 2011. There shall be no order as to costs. (R.Y.GANOO, J.)