Final Order 1

Order Details: Chamber summons
Pdf Text: Plaintiff no. 2 in person present. None present for defendant. KB for order. Heard
Plaintiff no. 2 in person. Read the Chamber Summons No. 0100022/2020. No say
filed by the other party. The plaintiff no. 2 have filed this Chamber Summons to
amend the plaint. She submitted that plaintiff have filed this suit for declaration and
injunction against defendant. The Defendant Nos. 8 and 9 made party in this
proceeding as per order passed in Chamber Summons that was challenged by the
plaintiff. The Hon. High Court in appeal from order no. 1013/2015 and observed
that merit of claim of both parties i.e Plaintiff and Defendant Nos. 8 and 9 would be
considered together on merit at the time of deciding the entire dispute that is after
trail of the suit. Therefore, the plaintiff carried out amendment and join the
Defendant Nos. 8 and 9 party in this proceeding. Therefore, after amendment the
explanation are necessary to be explained in the plaint by carrying out amendment
related to the said subsequently added party. If the amendment is carried out no
harm will be caused to the other party. She further submitted that to avoid the
multiplicity of proceeding permitted to carry out the amendment. I have gone
through the pleading in the Chamber Summons and the schedule annexed to the
Chamber Summons, It appears that the Plaintiff wants to carry out amendment in
the plaint in respect of Defendant Nos. 8 and 9 and add some additional pleading
after joining the Defendant Nos. 8 and 9. If the plaintiff permitted to carry out the
amendment, it will not change the nature of the suit. The proposed amendment is
helpful to decide the matter on merit. Hence, to avoid the multiplicity of proceeding
and final adjudication of the case the application is required to be allowed. The
plaintiff relied on Baburao Patil V/s Kalavati Sathawane reported 2019 (4) Mh.L.J)
The Hon'ble Lordship observed that not only multiplicity of litigation be avoided but
the entire dispute between the parties and real questions in controversy would be
decided expeditiously in the present suit itself. Considering, the nature of the
amendment and the nature of the suit it will better to allowed the Chamber
Summons No. 0100022/2020 to carry out amendment. It will help to decide the
matter on merit. Therefore, to avoid the multiplicity of proceeding the Chamber
Summons No. 0100022/2020 is hereby allowed. Plaintiff is directed to carry out
amendment on or before next date.
-- 1 of 1 --