1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1851 OF 2008 IN SUIT NO.2438 OF 2004 Ms. Farhat Jahan Ansari ...Plaintiff/Petitioner Vs. Parchhaiyan Co-op.Hsg. Soc. Ltd. (Regd.) & Ors. ...Defendants /Respdts. Mr.F.A.Ansari i/b. N.Raja for Plaintiff/Petitioner Mr.Ashish Kamat i/b. Zohair & Co., for Defendants 1 & 2 Mr.Paritosh Jaiswal i/b. RMGLaw for Defendant No.3. CORAM: SMT.ROSHAN DALVI, J. DATED: 29 TH JANUARY, 2009 P.C. 1. The Plaintiff has prayed for amendments to the plaint as shown in Schedule to the Chamber Summons, upon certain 3rd party rights created in favour of further Defendants in the Suit. The Schedule to the Chamber Summons shows only the prayer clauses and the names of 2 other parties who are sought to be made party Defendants. 2. From the prayer clause it is seen essentially that there are 2 Agreements dated 2nd June 2004 and 5th June 2004 which were registered on 9th June 2004, under which the suit flats have been 2 transferred to Defendants 3 and 4, who were already parties to the suit at the time of the filing of the Suit. These Defendants have been sold and conveyed the respective suit flats. 3. The Plaintiff's Advocate has been sent a letter dated 17th August 2004 by the Advocates for Defendants 1 and 2 being the Co-operative Hsg. Society and its Secretary informing the Plaintiff's Advocate of these rights. The Plaintiff, therefore, had knowledge of the transaction in favour of the Defendants 3 and 4 from 17 th August 2004 when that letter was received by the Plaintiff's Advocate. The suit to challenge those agreements would be required to be filed within 3 years from the date of such knowledge. The limitation period of such a suit would, therefore, expire on 16 th August 2007. The Chamber Summons has been taken out in December 2008. Even a fresh suit challenging those transfers cannot be filed on the date of the Chamber Summons. Grant of the amendments would, therefore, tantamount to allow the Plaintiff to sue after the bar created by the Limitation Act has expired. Such amendments cannot be allowed. 4. Hence the Chamber Summons is dismissed. (SMT. ROSHAN DALVI, J.)