Date: 09-03-2018
Business: Adv. Aapte Present for the Plff.
None Present for the Deft.
Adv. for Plff filed Registered CS no. 67/18 alongwith affidavit t.o.r.
Adv. for plff filed affidavit of Service on CS 67/18. t.o.r. upon Deft no.1,2 received the RPAD enveloped and Proposed deft no.3 also served with the RPAD enveloped which was return first. When called none appeared. Hence Cs proceeded without reply of Deft no. 1,2,3.
Adj. for hearing of Cs no. 67/18 on 23/04/2018.
Next Purpose: C/S HEARING
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: Adv. Apate Present for the Plff.
None Present for the Deft. no. 1,2,3 Ex-parte.
None appear for the proposed Deft.
Heard ld counsel for the Plff on CS 67/18 and filed cation. t.o.r.
Adj. for Order of CS 67/18 on 20/06/2018.
Next Purpose: CS NM ORDERS
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv Mr. Dalal for plff. Present.
None for deft. K.B. for hearing. L.O. at 4.31pm. Same appearance.
Adjd. For arguments on 31.07.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Adv Ms. Doshi for plaintiff present.
None for defendant.
KB for ch/sum no.67/18 order
LO
Adv Ms. Doshi for plaintiff present.
Plaintiff filed present ch/sum for amendment of the plaint and prayer clause. Plaintiff filed suit seeking various relief in respect of suit flat. Recently plaintiff learned that defendant nos.1 and 2 have disposed off the suit flat. Therefore plaintiff has taken the search at the office of Sub Registrar of Assurance, Mumbai. At that time they came to know that the defendant nos.1 and 2 entered into deed of sale/ transfer dtd 28.04.2017 with proposed defendant no.3. Hence plaintiff filed present ch/sum for carry out necessary amendment as per the schedule enclosed with the ch/sum. The notice of the present ch/sum issued to the defendants. Plaintiff also filed affidavit of service inspite of the receipt of the notice defendants failed to file their reply on record. Hence no reply order is already passed on 09.03.2018. After perusal of ch/sum and documents enclosed therewith it is revealed that after filing the present suit the subsequent event occurs which are necessary to bring on record to decide the real controversy in the suit. Hence I proceed to pass following order
ORDER
1Ch/sum no.67/18 in terms of prayer clause is allowed in terms of prayer clause a.
2Plaintiff to carry out amendment within 14 days as per the rules.
3Serve copy of amendment plaint to all the defendants.
Nature Of Disposal: ALLOWED
Disposal Date: 31-07-2018