Final Order 1

Order Details: Chamber summons
Pdf Text: Dt.22/12/2021 CORAM : H.H.J. SHRI. S. D. KULKARNI ( CR. NO. 08)
SU 2265/14
Contd.
None for plaintiff.
Adv. Gajanan Shinde for defendant/MCGM present.
Order Chamber Summons No.24/2020.
Perused Chamber Summons, affidavit in support thereof,
documents filed on record by both the parties. Heard both the
advocates at length.
The advocate for the plaintiff submitted that plaintiff relied
on certain documents but those are not filed on record by the
previous advocate. The documents sought to be included in the
suit are extremely vital for effective adjudication of the suit.
Therefore plaintiff prayed that he wants to file on record certain
documents and pleadings in respect of these documents. The
advocate for the plaintiff wants to bring on record certain
documents and the facts which took place after filing of the suit.
He further submitted that due to amendment nature of the suit
will not be changed and no hardship will cause to the defendant.
The advocate for the defendant opposed the chamber
summons by contending that the agreement took place in between
the plaintiff and defendant which is already terminated. Today
defendant is in possession of the garden / suit plot. Thus noting
remains in the suit to decide therefore, Chamber Summons liable
to be dismissed.
Perused Chamber Summons and reply. Heard both the
advocates at length.
On perusal of the proposed amendment, it reveals that no
new prayer included by the plaintiff. The plaintiff wants to file on
record certain documents and supported pleadings. On perusal of
the proposed amendment it reveals that nature of the suit will not
be changed.
The basic principle behind the amendment is to curtail the
multiplicity of the proceeding. Even if there is an addition of the
prayer and even defect in the suit can be cured by way of
amendment. Here by way of the proposed amendment no
hardship will cause to the defendant. The nature of the suit will
not be changed hence in my opinion the proposed amendment
needs to be allowed. Considering this, I pass the following order :
ORDER
1. Chamber Summons No.24/2020 is allowed in terms of prayer
clause (a).
2. The plaintiff is directed to carry out the amendment till next
date and supply the copy of the amended plaint on other side.
3. Chamber summons No.24/2020 stands disposed off
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SU 2265/14 accordingly.
Matter is adjd to 24/01/2022 for compliance.
Judge
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