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Court Order

Final Order 1

CNR MHCC01000872202018 Jan 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 18 Jan 2020 · CNR MHCC010008722020

Order Details: Other
Pdf Text: 18.01.2020
Su 2138/19
NM
4183/19
Exh.4
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Ravindra Singh for plaintiff present.
Adv. Ravi Chidurala for defendant Nos.1, 3 and 6 present.
He orally prayed for extension of time to comply order dated
13.12.2019.
O Time is extended till today to comply said order.
Costs paid by defendant Nos.1, 3 and 6 to advocate for plaintiff
who accepted it on behalf of plaintiff.
Draft Chamber summons filed by advocate for plaintiff t.o.r.
O Leave granted to register it.
Say filed by advocate for defendant Nos.1, 3 and 6 on draft
Chamber summons itself.
Heard both sides on draft chamber summons.
KB
LO
Written statement filed by defendant Nos.1, 3 and 6 through
their advocate – t.o.r.
Order passed below draft chamber summons
Perused draft chamber summons, affidavit in support of it
and reply of defendant Nos.1, 3 and 6. Heard respective
counsel for parties.
Draft chamber summons is taken out by plaintiff to correct
the address of defendant Nos.4 and 5 in cause title of plaint by
inter changing the addresses mentioned below their names.
Defendant Nos.1, 3 and 6 objected to the draft chamber
summons.
It seems that plaintiff has wrongly mentioned address of
defendant No.4 as address of defendant No.5 and that, address
of defendant No.5 as address of defendant No.4. Thus, their
addresses are inter changed in cause title of plaint. It is
typographical error and amendment is of formal nature.
Therefore, I am inclined to allow draft chamber summons.
Hence, pass following order:
ORDER
1. Draft chamber summons is allowed and made absolute in
terms of prayer clause (a).
2. Plaintiff has to carry out amendment in above terms within
period of two weeks from the date of this order.
3. Draft chamber summons be registered for statistical purpose.
4. Accordingly, draft chamber summons is disposed off.
Adjourned for compliance and reply to NM No.4183 of 2019
to 14.02.2020.
Judge
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