1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1381 OF 2008 IN SUIT NO.6671 OF 1999 Shree Bhandai Nenshi Mahila Vidyalaya ....Plaintiff V/s. M/s.Krishna Developer & Ors. ....Defendants Ms.P.A. Mhatre i/b Thakore Jariwala &Associates for the Plaintiff. Mr.P.N. Vora i/b Pramod Kumar & Co. for Defendant No.1. Mr.Vishal Kothari i/b A.S. Khandeparkar Associates for the Applicants in Chamber Summons No.984 of 2004. CORAM : S.J. VAZIFDAR, J. DATE : 17TH NOVEMBER, 2009. P.C. :- 1. There has undoubtedly been negligence in the matter. The suit was filed in the name of the trust and would therefore not be maintainable. The trustees not having been impleaded, the suit would not be maintainable. To make matters worse, this appears to have been pointed out to the Plaintiff as far back as in the year 2000 in the affidavit in reply filed in Notice of Motion No.3782 of 1999 taken out by the Plaintiff. 2. Unfortunately, the previous advocate of the Plaintiff expired last year. It is therefore, not possible to ascertain the circumstance in which the suit was so filed. It is true that the present advocate also came on record in the year 2004-2005 and this Chamber Summons was taken out only last 2 year. 3. However, this is a technical lapse which has not prejudiced the Defendants in any manner. I intend therefore exercising the powers under Order 1 Rule 10 of the Code of Civil Procedure to permit the amendment curing this defect on payment of costs. 4. In the circumstances, the Chamber Summons is made absolute in terms of prayer (b) subject to the Plaintiff and/or Respondents paying costs fixed at Rs.10,000/- to the Maharashtra State Legal Services Authority on or before 31.12.2009. The amendments to be carried out within eight weeks from today. 5. The Chamber Summons is accordingly disposed of.