CHS887-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.887 OF 2010 IN SUIT NO.749 OF 2010 Mr.Dinanath Baburao Sawant .. Plaintiff Versus Mr.Sudhir Govind Dadarkar & Ors .. Defendants Ms.Trupti Nikam i/by P.S.Chavan for plaintiff. Mr.R.N.Kachre for defendant No.1. Mr.Rakesh Kumar i/by Mr.U.S.Jabra for defendant No.3. CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd September 2010. P.C.: . The plaintiff desires to amend the plaint as per the Schedule. The amendment is formal in nature inasmuch as the name of defendant No.2 who is already dead is sought to be deleted and name of defendant No.1 is sought to be corrected. 2 Mr.Kumar appearing on behalf of defendant No.3 states that there is a serious apprehension in the minds of the defendants in the light of the statements made in the affidavit in support of this chamber summons. 3 To my mind, when any amendment is granted and all the more a formal amendment of the present nature, the merits thereof are never considered or CHS887-10 2 adjudicated upon. Therefore, the merits of the amended pleas are always open for being raised and defended. Subject to the pleas of the parties on merit being kept open, this amendment is allowed. The Chamber Summons is made absolute in terms of prayer clause (a). The plaint is permitted to be amended as per the Schedule. Amendment to be carried out within a period of four weeks from the date of receipt of this order. (S.C.DHARMADHIKARI, J)