Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ord. In Ch/s no 79 of 2018, in Suit no.97601990
MHCC010004652018
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
CHAMBER SUMMONS NO.79 OF 2018
IN
SUIT NO.9760 OF 1990
IN
(HIGH COURT SUIT NO. 1098 OF 1990)
Harish Surender Singh ..Plaintiff.
V/s
1. Jagdish Singh Hirdyanarayan Singh & Ors. ..Defendants.
CORAM : HIS HONOUR JUDGE
SHRI VIRENDRA D. KEDAR
(COURT ROOM NO.01)
DATE : 5TH DAY OF NOVEMBER, 2022
: Appearances:
The learned Adv. Mr. Manoj Pandey for the plaintiff.
The learned Adv. Mr. Shah for defendant Nos.1 & 2.
ORAL ORDER
The plaintiff has filed the present Chamber Summons for
carrying out amendment in the Plaint as per Schedule (a).
2. In short, it is contention of the plaintiff that during
pendency of the suit when the plaintiff was collecting documentary
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2 Ord. In Ch/s no 79 of 2018, in Suit no.97601990
evidence, he came across with certain documents which are in the
nature of better particulars of identity of the suit property. Hence to
bring the specifications of suit property to give its proper description
the plaintiff wants to carry out amendment thereby give detailed
description of the suit property.
2. Defendants strongly opposed Chamber Summons on the
ground that it is filed at belated stage. No proper explanation
provided for the same. Chamber Summons is barred by limitation and
hence not maintainable.
3. Heard both learned advocates for respective parties and
perused the record.
4. It is to be noted that, the plaintiff by way of Chamber
Summons wants to give only detailed description of the property as
mentioned in the schedule thereto. In my view merely giving
description of property in no way affects or change the nature of the
suit. It in any manner cannot cause prejudice to the defendants. The
plaintiff has filed suit for restoration of possession which was
allegedly taken forcibly and illegally by the defendants. Therefore, in
such type of suit detail description of the property is must and hence
the amendment needs to be allowed. Thus the following order.
ORDER
Chamber Summons No.79/2018 stands allowed and
made absolute in terms of prayer clause(a) subject to payment of
costs of Rs.1000/ paid by the plaintiff to defendant Nos.1 & 2 within
15 days from the date of order.
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3 Ord. In Ch/s no 79 of 2018, in Suit no.97601990
2. Needless to say that payment of costs is condition
precedent failing which orders stand automatically vacated.
3. Upon payment of costs amendment to be carried out
within 14 days.
4. Plaintiff is directed to supply amended copy of the plaint
in the court and to defendants.
5. Chamber Summons stands disposed off.
(Virendra D. Kedar)
Judge, City Civil & Sessions
Court,Gr.Mumbai
Date: 05.11.2022 (C.R. No.1)
Dictated on : 05.11.2022
Transcribed on : 07.11.2022
checked and Signed on : 07.11.2022
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4 Ord. In Ch/s no 79 of 2018, in Suit no.97601990
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 10.11.2022 NAME OF STENOGRAPHER(GI)
Mr. V.S. Shinde
TIME: 2.58 p.m.
Name of the Judge (With Court room no.) HHJ Shri Virendra D. Kedar
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 05.11.2022
JUDGMENT/ORDER signed by P.O. on 07.11.2022
JUDGEMENT/ORDER uploaded on 10.11.2022
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