1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1590 OF 2006 IN SUIT NO. 2936 OF 2006 Kamal Manilal Doshi & Ors. ...Plaintiffs Vs. Manilal S. Doshi & Ors. ...Defendants Mr.Sharan Jagtiani with Mr.Suraj Suneja and Ms.Anooja Menon i/b. M/s. Wadia Gandy & Co., for Plaintiffs Mr. Pradeep Sancheti, Sr. Advocate i/b Mulla & Mulla CBC for Defdt. 1 Mr. Mihir B. Kandar i/b. Udwadia & Udeshi for Defendant No.4 Mr. Sunil Patel i/b. Sunil & Co., for Defendant No.6 CORAM: SMT.ROSHAN DALVI, J. DATED: 12 THJUNE, 2009 P.C. 1. The Plaintiffs seek to amend the plaint to bring on record as paragraph 5(a) portion of facts relating to one of the suit property. 2. The suit is an administration suit. The Plaintiffs claim 3/7 th share in the estate of their deceased mother. The prayer (vii) in 2 paragraph 2 of the schedule to the Chamber Summons relates to the entire property stated to be the property of the deceased. The Plaintiffs claim absolute and exclusive right and entitlement in the residential premises occupied by them as owners or as irrevocable licences. That relief and prayer is wholly inconsistent with an administration suit. The Plaintiff cannot be allowed to claim that relief as that would change the nature of the suit itself. 3. The Plaintiffs claim the relief of injunction in prayer (viii) in paragraph 2 of the schedule to the Chamber Summons. The Plaintiffs have sought to amend the said amendment. 4. Mr. Jagtyani states that in the said relief the words “3/7 th undivided right, title and interest in the” be added before the words “use, occupation and injunction”. The amendment to the amendments bring the relief within the scope of the suit. It is an added relief required by the Plaintiffs. It can, therefore, be allowed in administration suit. 5. The relief by way of prayer (viii) in clause (g) of the original plaint is in addition to the interim relief claimed in paragraph 3 of the schedule to the Chamber Summons. That relief is consequent 3 upon the averments sought to be incorporated in the plaint. 6. Paragraphs 4 and 5 of the schedule to the Chamber Summons are made as the matter of course. Hence the amendments are allowed as follows:- 1. The amendment in paragraphs 1,3,4 and 5 are allowed as per the schedule. 2. Relief (vii) in paragraph 2 is not allowed to be incorporated in the plaint by way of amendments. 3. Relief (viii) in paragraph 2 of the schedule is allowed with the addition of the words incorporated in the earlier part of this order. 4. Plaintiffs shall carry out amendments in the plaint as well as in the Notice of Motion within one week. 5. Plaintiffs shall also amend the copy of the plaint served upon the Defendants within one week. 6. Chamber Summons is disposed of accordingly. (SMT. ROSHAN DALVI, J.)