1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.607 OF 2004 CHAMBER SUMMONS NO.607 OF 2004 CHAMBER SUMMONS NO.607 OF 2004 IN IN IN SUIT NO.1008 OF 2000 SUIT NO.1008 OF 2000 SUIT NO.1008 OF 2000 Mr.Qari Mohammed Zakir Hussain ...Plaintiff Mr.Qari Mohammed Zakir Hussain ...Plaintiff Mr.Qari Mohammed Zakir Hussain ...Plaintiff Vs. Vs. Vs. F.E.Dinshaw Trust ...Defendants F.E.Dinshaw Trust ...Defendants F.E.Dinshaw Trust ...Defendants And And And Mr. Nusli Neville Wadia & Ors. ...Applicants Mr. Nusli Neville Wadia & Ors. ...Applicants Mr. Nusli Neville Wadia & Ors. ...Applicants (Respondents) (Respondents) (Respondents) ----- ----- ----- Mr.M.C.Thakker along with Mr.S.B.Amin for Mr.M.C.Thakker along with Mr.S.B.Amin for Mr.M.C.Thakker along with Mr.S.B.Amin for Applicants/Defendants Applicants/Defendants Applicants/Defendants CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. . The Plaintiffs have sued the Trust as the . The Plaintiffs have sued the Trust as the . The Plaintiffs have sued the Trust as the party Defendant. Since the Trust cannot be sued party Defendant. Since the Trust cannot be sued party Defendant. Since the Trust cannot be sued Plaintiffs to join the members of the Trust as party Plaintiffs to join the members of the Trust as party Plaintiffs to join the members of the Trust as party Defendants. Defendants. Defendants. . Mr. Thakkar contests this chamber summons on . Mr. Thakkar contests this chamber summons on . Mr. Thakkar contests this chamber summons on the ground that as against the Trust the suit will be the ground that as against the Trust the suit will be the ground that as against the Trust the suit will be barred. In view of the fact that the Trust has been barred. In view of the fact that the Trust has been barred. In view of the fact that the Trust has been sued, though technically incorrectly, the cause of sued, though technically incorrectly, the cause of sued, though technically incorrectly, the cause of action has been brought before the Court. Only the action has been brought before the Court. Only the action has been brought before the Court. Only the title of the Plaint requires correction by addition of title of the Plaint requires correction by addition of title of the Plaint requires correction by addition of names of the Trustees. No suit can be barred on the names of the Trustees. No suit can be barred on the names of the Trustees. No suit can be barred on the ground of such a technicality, specially when it is ground of such a technicality, specially when it is ground of such a technicality, specially when it is sought to be corrected by the Plaintiffs. Hence, the sought to be corrected by the Plaintiffs. Hence, the sought to be corrected by the Plaintiffs. Hence, the Chamber Summons is made absolute in terms of prayer Chamber Summons is made absolute in terms of prayer Chamber Summons is made absolute in terms of prayer 2 clause (a). clause (a). clause (a). . The Plaintiff to carry out . The Plaintiff to carry out . The Plaintiff to carry out amendment/corrections in the title of the plaint as amendment/corrections in the title of the plaint as amendment/corrections in the title of the plaint as shown in the schedule to the Chamber Summons within 2 shown in the schedule to the Chamber Summons within 2 shown in the schedule to the Chamber Summons within 2 weeks and also correct the copy of the plaint served weeks and also correct the copy of the plaint served weeks and also correct the copy of the plaint served upon the Defendants within 2 weeks. Chamber summons upon the Defendants within 2 weeks. Chamber summons upon the Defendants within 2 weeks. Chamber summons disposed of accordingly. disposed of accordingly. disposed of accordingly. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)