Bombay High Court

GEETA PATEL D SOUZAversusANIL CHANDRAKANT PATEL AND 18 ORS.

Decided: 21 September 2026
Disposal: DISPOSED OFF

Holding

The court held that the chamber summons for amendment of parties and addresses is permissible and granted the requested changes.

Summary

The plaintiff, Geeta Patel D’Souza, filed an amended plaint and served it on defendants No.18 and No.20, with an affidavit of service taken on record. The court granted the defendants two weeks to file any additional written statements. A chamber summons was filed seeking formal amendments, including deletion of a deceased defendant, substitution of legal representatives for another deceased defendant, and changes of address for certain parties. The court allowed these amendments, directing that the necessary changes be effected within two weeks and that the amended copy be served within one week. The chamber summons was subsequently disposed of, and the matter was adjourned to 26th October 2026.

Issues considered

Whether a chamber summons may be granted for amendment of parties, including deletion of a deceased defendant
Whether legal representatives of a deceased defendant can be substituted through amendment
Whether change of address of parties can be effected by amendment of pleadings

Subjects

amendment of pleadings
deceased defendant deletion
substitution of legal representatives
change of address
chamber summons

Judgment

                                 45-S-1375-2011+CHOL(L)-9986-2025+CHS-991-2017-IN-S-1375-2011.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION

SATISH                                      SUIT NO.1375 OF 2011
RAMCHANDRA                                        WITH
SANGAR
                                       CHAMBER SUMMONS NO.991 OF 2017
Digitally signed by
SATISH RAMCHANDRA
SANGAR
Date: 2026.09.22
19:34:34 +0530        Geeta Patel D’Souza                                            ...Plaintiff
                             V/s.
                      Anil Chandrakant Patel and Ors.                                ...Defendants
                      ===================================================
                                                  WITH
                                      CHAMBER ORDER (L) NO.9986 OF 2025
                                                     IN
                                            SUIT NO.1375 OF 2011

                      Khare Legal Chambers                                           ...Plaintiffs
                             V/s.
                      Geeta Patel D’Souza and Ors.                                   ...Defendants
                      ===================================================

                      Ms.Ishita Kamath a/w Ms.Smriti Advocates for Plaintiff.
                      Sajeev i/b. Mhatre Law Associate:-
                      Mr.Anshul Kochar i/b. VJ Juris Advocate for Defendant No.18.
                      Advocates:-
                      Mr.Sunil C. Khandagale                i/b. Advocate for Defendant No.19–
                      Ms.Komal Punjabi:-                         BMC.
                      Mr.K.T.Kukreja i/b. Mr.Arvind Advocate for Defendant No.20.
                      Manghirmalani:-

                      ===================================================
                                                   CORAM         :      S. M. MODAK, J.
                                                   DATE          :      21st SEPTEMBER 2026
                      P. C. :-

                      Satish Sangar                                                                  1/3
         45-S-1375-2011+CHOL(L)-9986-2025+CHS-991-2017-IN-S-1375-2011.doc


1.     As directed on 10th August 2026, learned Advocate for the

Plaintiff has served a copy of the amended Plaint on the Defendant

Nos.18 and 20. There is Affidavit of service. It is taken on record. The

Written Statement of Defendant No.19 is already on record.

2.     Learned Advocate for the Plaintiff assures to serve them copy of

the amended Plaint. All the Defendant is granted two weeks’ time to

file additional Written Statement.

                CHAMBER SUMMONS NO.991 OF 2017

3.     The Chamber Summons is for amendment of formal nature. The

Chamber Summons is allowed in the following terms:-

(a)    Defendant No.4 has expired on 28th May 2016. He died
       issue-less. His name be deleted.
(b)    Defendant No.2 died on 15th March 2015. The Defendant
       Nos.2a and 2b are his legal representatives. Let necessary
       amendment be carried out within two weeks. Summons be
       issued to them.
(c)    There is change in the address of Defendant No.1a and 1b.
       It is allowed. They are supporting the Plaintiff. Let their
       appearance be secured through some Advocate.
(d)    There is change in the address of the Plaintiff. That
       amendment is allowed as per Schedule I, II and III.
       Amendment to be carried out within two weeks. Amended
       copy be served within one week.


Satish Sangar                                                               2/3
         45-S-1375-2011+CHOL(L)-9986-2025+CHS-991-2017-IN-S-1375-2011.doc


4.     Chamber Summons is disposed of.

5.     Stand over to 26th October 2026.


                                         [S. M. MODAK, J.]




Satish Sangar                                                               3/3

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