Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.50 OF 2019
IN
S.C.SUIT NO.2756 OF 2015
Mr.Indarbali Bandule Prajapati ....Plaintiff
V/s
Mrs.Surjit Kaur Jang .... Defendant
APPEARANCE:
Ld.Advocate Mr.S.P.Srivastava for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 17th October, 2019
ORDER
Perused the contention of Chamber Summons @ Affidavit.
2. It is submitted by the plaintiff that he has filed present suit
against defendant for recovery of amount and accordingly writ of
summons were sent to register address of defendant however,
defendant was not found there as reported by bailiff and therefore
plaintiff has traced out new address of defendant. It is further
submitted by the plaintiff that at present plaintiff had residing in
the State of Jammu and Kashmir and therefore it is necessary to
sent the summons of defendant for his appearance to answer the
issues. Lastly, it is prayed that plaintiff be allowed to amend the
plaint by way of Chamber Summons.
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3. In view of Chamber Summons writ of summons were issued
to the address of defendant by way of postal authority. As per the
report submitted by the plaintiff by way of affidavit in service the
defendant was duly served as the postal authority find out the
track Consignment No. RM70538270IN.
4. Inspite of execution of writ of summons defendant failed to
appear before the court to resist the claim as well as Chamber
Summons and therefore the Chamber Summons is proceeded
without reply of defendant.
5. I have heard Ld counsel for plaintiff S.P. Srivastava and
perused the record of Suit No.2756 of 2015. As per record initially
the defendant was residing at Green House, near M.S.B.No.32,
Chembur Camp, Chembur, Mumbai400 074. And accordingly writ
of summons was sent to his address however, as per the bailiff
report he was not residing their and summons will return back to
the Court and therefore, the plaintiff has traced out new address of
defendant. As per the information provided by the plaintiff
regarding new address of defendant it is disclosed that he started
residing in the State of Jammu and Kashmir. As per the report of
postal authorities they acknowledges that the defendant residing
in the State of Jammu and Kashmir. Therefore, it appears that the
address provided by plaintiff is genuine one. Admittedly for the
appearance of defendant it is legal duty of defendant to take steps
and without proper address plaintiff cannot and therefore, it is
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necessary on the part of plaintiff to incorporate the new address of
defendant into the clause title therefore, amendment is required to
be necessary. Proposed amendment is formal in nature and if
granted no prejudice is caused to the case of defendant.
Considering the above said reason I come to the conclusion that
this is a fit case to grant permission to amend as incorporate the
new address of defendant in the clause title of plaint. Hence I
proceed to pass following order.
ORDER
1) Chamber Summons No. 50 of 2019 is allowed.
2) Plaintiff is permitted to amend and incorporate the new
address of defendant in the clause title within 7 days.
3) If plaintiff failed to amend the clause title and incorporate
new address of defendant within 7 days then order passed by
this court stands automatically vacated without passing any
order.
Date:17/10/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 17/10/2019
Typed on :17/10/2019
H.H.J.Signed on :17/10/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.10.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
17.10.2019
JUDGMENT/ORDER signed by P.O. on 17.10.2019
JUDGMENT/ORDER uploaded on 17.10.2019
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