Final Order 1

Order Details: Other
Pdf Text: Order on Chamber Summons No. 122 of 2020.
Matter called out at 3.50 p.m None for plaintiff None for defendant Both the Learned
Advs have argued on chamber summons No. 122/2020 on the last date. Perused
chamber summons, supporting affidavit and affidavit in reply. Defendants have taken
out the chamber summons to carry out amendment in Notice of Motion No. 3814/2018
and to add plaintiff No.2 by describing existing plaintiff as plaintiff No.1 in the said
chamber summons. The record shows that plaintiff No.2 is added in the clause title of
the plaint by amendment carried out on 13.11.2019 pursuant to the order dated
14.10.2019 in chamber summons No. 1521/2019. It is matter of record that the Notice
of Motion No. 3814/2018 was registered prior to the above amendment in the plaint.
Therefore, due to the development taken place during pendency of the Notice of
Motion No. 3814/2018, the chamber summons No. 122/2020 deserves to be allowed.
The amendment is purely technical and will not cause any prejudice to the other side.
It is necessary for proper decision on the Notice of Motion. Therefore, following order
is passed. Order 1. Chamber Summons No. 122 of 2020 is allowed in terms of prayer
clause (a). 2. Defendant shall carry out amendment in Notice of Motion No. 3814/2018
on or before next date and shall serve the copy of amended Notice of Motion on
plaintiffs. 3. Chamber Summons No. 122 of 2020 is disposed off.
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