Final Order 1

Order Details: Other
Pdf Text: 14/11/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Suit 3642/13 Adv. Awari for plaintiff present.
@ NM 2539/15 Adv. S.B. Singh for defendant No.1 and 2 present.
@ CS 87/18 He files reply to CS.
Exh.6(colly.) Adv. S.B. Singh files Vakalatnamas for defendant No.3 to 5.
Heard both sides on CS.
At the stage of framing of issues, in the present CS, amendment
is sought on the ground of averments in the written statement
regarding a document i.e. 'affidavit cum declaration'. Plaintiff
sought to add the prayer to declare the said 'affidavit cum
declaration' dated 08/11/2002 being illegal, null and void.
The defendant vide his affidavit in reply, objected the same.
I have considered the submissions made on behalf of the
parties.
In view of the stage and the averments in the chamber
summons and the need of the plaintiff to seek further prayer to
declare 'affidavit cum declaration' as null and void, I am
inclined to allow the CS as it would not change the nature of
the suit.
Amendment be carried out within a week and amended copy
be furnished within a week thereafter.
CS is accordingly disposed off.
Adjd. to 05/12/2018 for compliance/NM hearing.
Principal Judge,
Gr. Mumbai.
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