Date: 21-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. Ravindra Singh for Defendant present.
Original Ch/s No.123/19 tendered by Plaintiff t.o.r.
Earlier order to continue till next date.
As Court is busy in dictating orders, hence board is discharged and matter is adjourned.
Adj for NM hearing to 22.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Adv for Defendant filed additional affidavit.
Plff wants to file rejoinder to it.
Therefore, adj for rejoinder and hearing to 24.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Adv. Tiwari for Plaintiff submitted that Plaintiff want to file reply to additional affidavit filed by Defendant.
Earlier order to continue till next date.
Matter is adj for hearing and reply to 25.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
K.B.
LO
Affidavit in rejoinder of Plaintiff to the additional affidavit of Defendant filed.
Heard further arguments of both sides.
Adv. Tiwari submits that he want to make further submissions.
Adj for further hearing to 29.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Tiwari for Plaintiff present.
Adv. S.R.Singh for Defendant present.
Heard further arguments of both sides.
Earlier order to continue till next date.
Adj for NM order to 06.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Taral for Defendant present.
Adv. Tiwari for Plaintiff present.
Earlier order to continue till next date.
As Court is busy in other matters and dictating orders in Ch/s, adj for order to 13.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: As P.O. is on leave in second sessions, hence board is discharged and matter is adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Plff and Adv absent.
Adv. Singh for Defendant present.
Adv Singh sought time for filing reply to Ch/s.
K.B. for NM order.
L.O.
Earlier order to continue till next date.
As court is busy in hearing arguments and in other matters, hence adj for order to 22.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Plff and Adv absent.
As Court is busy in Court work and also passing orders, hence adj for NM order to 26.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Reshmi Parab for plaintiff present.
Adv. Singh for defendant present.
Adv. for defendant filed Affidavit in reply to Chamber Summons No. 123/19. Copy of reply is given to other side.
Heard argument of both sides.
Court is busy in passing orders in other matters.
Earliar order to continue.
Adjourned for order on chamber summons no. 123/19 and order on NM to 27.2.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Reshmi Parab for Plaintiff present.
Deft nos.2 and 4 are present. Adv. absent.
Order below Chamber Summons No.123 of 2019.
Read Chamber summons, affidavit in support of it and reply affidavit of defendants. Heard respective counsel for parties. Chamber summons is taken out seeking amendment relating to the area of suit premises as per schedule. It is contended that due to oversight area of suit premises is mentioned as 20 X 20 sq. mtrs instead of exact area of 31.35 sq. mtrs. Accordingly, Plaintiff has sought amendment to correct the area of suit premises both in plaint and notice of motion.
Defendants opposed the chamber summons on the count that Plaintiff is misleading this Court and set out false and fabricated statement. Moreso, chamber summons taken out is an after thought. Accordingly, they prayed for dismissal of chamber summons.
So far of contentions of defendants that Plaintiff has set out false and fabricated statement in chamber summons is concerned, at this stage I cannot go into the merits of said allegations. Proposed amendment is sought to correct the area of suit premises. In my view proposed amendment does not change the nature of suit. Possibility cannot be ruled out that due to oversight Plaintiff has mentioned incorrect area of suit premises in plaint and notice of motion. Therefore, I am inclined to allow chamber summons, hence pass following order.
ORDER
1. Chamber summons No.123 of 2019 is allowed and made absolute in terms of prayer clause (b).
2. Plaintiff is directed to carry out amendment within a period of two weeks from date of order.
3. After carrying out amendment, Plaintiff has to supply copy of amended plaint and notice of motion to the defendants within period of 7 days.
Accordingly, Chamber summons no.123 of 2019 is disposed off.
In view of above order, parties are at liberty to make further submission in relation to NM No.89/19. Hence, adj for further NM hearing and compliance to 05.03.2019.
Earlier order to continue till next date.
Nature Of Disposal: ALLOWED
Disposal Date: 27-02-2019
