- 1 - 38.chs.55.11 s.1894.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 55 OF 2011 IN SUIT NO. 1894 OF 2010 Punam Co-operative Housing Society Ltd. ..Plaintiff -Versus- Pratap Issardas Bhatia & Ors. ..Defendants .......... Mr.K.T.Kukreja i/b Mukesh B. Bhagat for the Plaintiff. Mr.Satish Shete a/w. Mr.Ramesh Misar i/b S. Mahomedbhai & Co. for Defendant Nos. 6 & 7. .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH OCTOBER 2011. P.C. 1 This is the plaintiff’s application for amendment of the plaint. The proposed amendment deals with various aspects including the effect of the minutes of the meeting of the society and the proceeding between defendant nos. 6 and 7 on one hand and defendant nos.6 and 7 on the other for specific performance. The suit is for tress-pass and for possession of a part of the property on the ground that the plaintiff is the owner thereof. The subject matter of the suit remains the same. The amendment no doubt seeks to make certain changes even by deleting the earlier averments in the plaint. It is alleged that defendant nos.6 and 7 - 2 - 38.chs.55.11 s.1894.10 illegally and unlawfully with the help of police grabbed a part of the property on 14th/16th April 2008. Defendant Nos.6 and 7 however contended that they acquired the property from the previous occupants by a registered document. A part of the proposed amendment deals with the effect thereof. I am unable therefore to say that the pleadings are contradictory. 2 Mr.Shete, the learned counsel appearing on behalf of the defendants points out that the fact that the proposed amendments seek to delete the previous averments and substitute the same with fresh averments establishes that the averments made in the plaint were false. 3 It is clarified that it will be open to the defendants to raise any contentions and defences in this regard. It is further clarified that this order is without prejudice to all the rights and contentions of the defendants not only on merits but also on the question of maintainability of the suit. I did not consider the question of maintainability of the suit for the purpose of this Chamber Summons although it was sought to be raised by Mr.Shete. 4 The Chamber Summons is therefore made absolute in terms of prayer (b). Amendment shall be carried out within four weeks from today. The plaintiff shall pay the costs of this Chamber Summons fixed at Rs. - 3 - 38.chs.55.11 s.1894.10 5,000/- to the defendants within four weeks from today. The plaintiff is at liberty to adopt separate proceedings for reliefs in terms of prayer (a) after the amendment is carried out. -