[3.5] Fiendbinder Question

[Greymane]

I'm playing a Wizard/Fiendbinder in a Tomb of Horrors game, and I had a question concerning the Call Forth Fiend ability they get at third level.

With the wording of it, it sounds like I should be able to summon any fiend on the Fiendbinder list of fiends so long as I can make the Truespeak DC for said fiend, but the DM ruled I would only be able to call forth a fiend I would normally be able to call for my level, named a Babau, Succubus or a Hellcat.

Am I reading it correctly? Should I be able to summon, say, a Marilith if I can make the Truespeak DC?

[Starbuck_II]

I'm playing a Wizard/Fiendbinder in a Tomb of Horrors game, and I had a question concerning the Call Forth Fiend ability they get at third level.

With the wording of it, it sounds like I should be able to summon any fiend on the Fiendbinder list of fiends so long as I can make the Truespeak DC for said fiend, but the DM ruled I would only be able to call forth a fiend I would normally be able to call for my level, named a Babau, Succubus or a Hellcat.

Am I reading it correctly? Should I be able to summon, say, a Marilith if I can make the Truespeak DC?

I'm not sure. Bind Fiend says need to be right level, but not Call Fiend. So your DM is using RAI. I'm not sure if the non-mention means any you can make with DC.

[Greymane]

While I normally enjoy arguing for every benefit I can get my hands on, I find that in this bloody tomb, I need every perk I can get my vile, wizardly hands on. Of course the DM has the final say on it.

Does anyone else rule otherwise?

[Cog]

The fiend can be any of the ones mentioned on Table 3-9.
It doesn't say that it's the ones available to you by level, and it gives a separate way of judging the DC for the ability. RAW, you can get at any of them if you make the check, and I don't think there's any basis for claiming RAI.