Final Order 1

Order Details: Other
Pdf Text: 14.11.2022
Sr. No. 58
SU 2098/15
CS 175/19
CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
Adv. Rajeshirke for plaintiff present.
Adv. Pooja Rathi for Deft. no.2 present.
Heard both the sides on CS No.175/2019.
Perused the record. The plaintiff is praying for addition of two paras i.e.
para no.28(a) and 28(b) so as to add the subsequent event in the
pleading. The defendant resisted the contention by filing reply contending
that the suit of plaintiff is itself infructuous, upon issuing letter dated
06.07.2016. Thus, the defendant are not denying the letter issued by
Deft. no.1 and the public notice. The issues are yet to be framed, hence,
trial has not commenced. The maintainability of the suit may be decided
at final stage. The proposed amendment will not change the nature of
suit. No prayer is being sought regarding pleading sought to be added,
hence, it will not prejudice to the defendant, if amendment is allowed.
Thus, I pass the following order.
CS No.175/2019 is allowed.
Plaintiff to carry out necessary amendments within a period of 14
days from the date of order.
Costs in cause.
CS No.175/2019 disposed of accordingly.
Matter stands adjourned to 10.01.2023 for compliance.
Judge
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