[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1575 OF 2008 IN SUIT NO.2963 OF 2008 Laxmi alias Lipi wife of Mukul Gupta .... Plaintiff Vs. Munish s/o Bachchalal Gupta & Ors. .... Defendants And M/s. Vas Infrastructure Ltd. .... Proposed Defendant Shri A.V. Chatuphale for the Plaintiff. Shri Singh i/b S.R. Mishra for Defendant Nos.1, 2 and 5. Shri S.D. Mishra for the Proposed Defendant. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: JANUARY 06, 2009 P.C: P.C: P.C: 1. This chamber summons is taken out for seeking addition of a new party-defendant. The plaintiff claims herself to be the widow of defendant No.7 Mukul Gupta. She claims that Mukul, her husband, is not seen for the last more than seven years and therefore she sought for a declaration that he is dead. 2. She has filed the present suit for partition of the joint family property of Mukul and his brothers and others. Immediately after the filing of the suit, the [2] suit property was sold by the other defendants to the proposed defendant. In view of this admitted factual position, the purchaser of the suit property is a necessary and proper party. At this stage, the Court need not go into the merits of the plaintiff’s case as to whether she has any legal right to the suit property or as to whether her so-called husband (defendant No.7) is dead or alive, etc.. 3. The chamber summons is made absolute only to the extent of adding the proposed defendant as party-defendant No.8. The rest of the chamber summons stands dismissed. The plaintiff is, however, given liberty to take out appropriate proceedings for seeking interim reliefs. (A.V. Nirgude, J.) sjs/J9cs1575.8 sjs/J9cs1575.8 sjs/J9cs1575.8