Final Order 1

Order Details: Other
Pdf Text: 27.02.2019
SU 3218/18
@ Ch/s
123/19 @
NM 89/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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