TrustJury record updated 17 Sept 2026
Date: 18-02-2019
Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI.
Adv. Namrata Pandit for plaintiff present.
None present for defendants.
Plaintiff tenders registered CS No.197/19. Plaintiff files affidavit of service of CS. As the Court is vacant, adjd. to 05/03/2019 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Namrata Pandit for plaintiff present.
Adv. Ankit Rajput for defendant No.1 and 2 present.
He files separate reply of defendants to CS.
Adjd. to 09/04/2019 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Advocate Ms. Anjali Navle for Plaintiffs present.
Advocate Mr. Ankit Rajput for Defendant no.1 and 2 present.
On perusal of affidavit filed in support of Chamber Summons it is noticed by the Court that in said affidavit it is mentioned that it is filed by Defendant no.2. Plaintiffs advocate submitted that actually said affidavit is filed by Plaintiff no.2 and there is typed mistake in said affidavit hence she may be permitted to cure that typed mistake. Advocate for Defendant no.1 and 2 submitted that said affidavit is submitted on Oath hence, no corrections can be made in it. Considering the fact that mere typed mistake is appearing in the affidavit in respect of status of deponent I find that Plaintiff can be permitted to make correction in said affidavit and to write the word Plaintiff no.2 in place of Defendant no.2. Plaintiff is directed to make said correction immediately.
Heard Plaintiffs advocate about Chamber Summons no.197/19. She submitted that in the pendency of the suit Defendant no.2 i.e. Sai Life Realtors, the firm has transferred its rights in respect of development of suit property to Sai Life Devta Realtors and copy of Index no.II to that effect is produced by her. It is further argued that in view of Order 1 Rule 10 of CPC, Plaintiff is entitled to add Sai Life Devta Realtors along with Sai Life Realtors. It is argued that proposed amendment if allowed is not going to change the nature of the suit and no prejudice will be caused to Defendants if it will be allowed.
Heard advocate Mr. Ankit Rajput for Defendant nos.1 and 2 who argued that Plaintiff has not made Sai Life Devta Realtors party to this Chamber Summons and hence unless said proposed Defendants will have the opportunity to challenge the Chamber Summons, Chamber Summons can not be allowed. It is argued that since 2016 Plaintiffs were knowing about transfer of development of rights of suit property by Defendant no.2 to proposed Defendant and the Chamber Summons for adding proposed Defendant is taken out after Written Statement was filed by Defendants and after the fact that Defendants have brought it to the notice of the Court that proposed Defendant was not impleaded in the suit hence, conduct of Plaintiffs is necessary to be noted down. It is further argued that this Chamber Summons is taken out to fill up lacunas, hence Defendants advocate has submitted that Plaintiff is not entitled for prayers made in Chamber Summons.
F.R.S.R. following order has passed-
ORDER
1. Ch/s No.197/19 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is further directed to serve typed copy of amended plaint upon Defendants and to file typed copy of amended plaint before the Court so that Defendants will be able to file additional Written Statement in respect of consequential amendment.
Heard arguments about framing draft issues. Both advocates for Plaintiff and Defendant nos.1 and 2 submitted that draft issue no.4 submitted by Defendant no.1 and 2 is not necessary to be framed.
As draft issues filed by the parties are before the court. Considering the arguments, draft issues filed by parties and pleadings of the parties, issues are framed and marked as Exh.5.
Case is adjourned to 23/04/2019 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 09-04-2019Filing Number: 101135/2019 Filing Date: 28-01-2019 First Hearing Date: 18th February 2019 Decision Date: 09th April 2019 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Order Details: Chamber summons Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI CHAMBER SUMMONS NO. 197 OF 2019 IN S.C. SUIT NO. 44 OF 2015 Mr. Mukund Namdeo Nikte & Ors. .. Plaintiffs Versus The Vijay Coop Housing Society Ltd. & Ors. .. Defendants. And Mr. Shivaji Ganesh Pednekar .. Applicant. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 9th April, 2019 Mrs. Navale, ld. adv. for plaintiff. Mr. Rajput, ld. adv. for…
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