IN

THE

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

ORDINARY

ORIGINAL

CIVIL

JURISDICTION

CHAMBER

SUMMONS

NO.695

OF

2005

IN

NOTICE

OF

MOTION

NO.1771

OF

2004

IN

SUIT

NO.922

OF

1980

Shardaben

C.

Shah

&

Ors........Plaintiffs

Vs.

Sarojini

G.

Wagh.............Defendant

Mr.M.L.

Palan

i/b.

Dave

&

Co.,

for

the

Plaintiffsa

Mr.

S.B.

Prabhavalkar,

for

Defendant

Nos.

3

and

4.

CORAM:

CORAM:

CORAM:

A.M.

A.M.

A.M.

KHANWILKAR,

J.

KHANWILKAR,

J.

KHANWILKAR,

J.

DATE

DATE

DATE

:

:

:

8th

August,

2005

P.C.:

1.

Heard Counsel for the parties. Perused the pleadings.

By

this

Chamber

Summons,

in

substance,

the

plaintiffs

are

not

only

seeking

amendment

of

the

decree

as

passed,

but

also

prayer

(a)

of

the

plaint,

on

the

assertion

that

the

mistake

has

occurred

therein

which

is

a

clerical

error.

The

decree

refers

to

an

agreement

dated

15th

September,

1973.

That

date

is

derived

from

prayer

clause

(a)

of

the

plaint,

which

refers

to

agreement

dated

15th

September,

1973.

However,

the

suit

agreement

wa