mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 129 OF 2008 IN COUNTER CLAIM NO.1313 OF 2005 IN SUIT NO. 41 of 2003 Max Cajetan Travasso & Anr. .. Plaintiffs versus Lal Bherumal Laungani .. Defendant ... Mr.Vaibhav Sugdare with Sucheta Joshi for the plaintiffs. (original defendant) CORAM : D.G.KARNIK, J DATED : 2nd June 2008 P.C.: 1. Heard learned counsel for the plaintiffs to the counter claim (original defendants in the suit) None present for the defendant to the counter claim (original plaintiff.) None present for the respondents who are proposed to be added as party defendants to the counter claim. 2. Learned counsel for the plaintiff states that the respondents claim to be assignees of original plaintiff. The assignment has taken place during the pendency of the suit. He therefore submits that they are the necessary parties to the counter claim and proposes to join them as parties to the counter claim. No affidavit in reply has been filed denying these averments. In the circumstances, chamber summons is allowed. The plaintiffs to the counter claim (original defendants) are allowed to amend the counter claim in the manner mentioned in the schedule to the Chamber Summons. It is clarified that the suit against the respondent shall be deemed to have been instituted on the date on which the writ of summons of the counter claim is served on them as provided under section 21 of the Limitation Act. (D.G. KARNIK, J)