Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 206/2019 ..1.. In S.C. Suit No.2886/2015
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 206 OF 2019
IN
S.C. SUIT NO. 2886 OF 2015
CNR NO : MHCC01-001080-2019
Mrs. Shaila Tukaram Sawant,
Residing At : 701/702,
Swami Darshan CHS Ltd.,
Hans Nagar, Near S. T. Workshop,
Khopat, Thane (West). ...Plaintiff.
Versus
Shri Subhash Tukaram Sawant,
Residing At : 5/B, Kalpataru,
Om Audumbar Prasad CHS Ltd.,
Khan Abdul Gafar Khan Road,
Municipal Colony, Worli,
Mumbai - 400 018. ...Defendant.
Appearance :-
Ms. Kshama Bhadari, Advocate for Plaintiff.
Ms. Manjalkar, Advocate for Defendant.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 4TH MARCH, 2021.
ORAL ORDER
Perused. Heard.
2. In a suit for partition, the plaintiff has sought addition of
her sister as a defendant in the suit and consequential amendments in
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Chamber Summons No. 206/2019 ..2.. In S.C. Suit No.2886/2015
the plaint on the ground that, she did not join her sister as she was not
willing to be a party to the suit. However, this Court has framed an
issue as to nonjoinder of necessary party. In order to see that, the suit is
not dismissed on technical grounds and considering the provisions of
Order 1 Rule 10 of CPC, the chamber summons is taken out to join
plaintiff’s sister as a party to the suit.
3. The chamber summons is opposed on the grounds that, the
suit is at the stage of evidence. The written statement is filed in
November, 2016. The plaintiff had ample time to take out this chamber
summons on earlier occasion, but she has intentionally filed it at
belated stage.
4. In a suit for partition a sister is a necessary party.
Considering that, the defendant is sought to be added is a necessary
party, her presence in the suit is warranted. Therefore, in the light of
issue framed as to nonjoinder of necessary party and the
abovementioned legal position, the chamber summons needs to be
allowed. It is always desirable that, the litigation comes to an end on
merits and not on technical grounds. Hence, following order: -
ORDER
1. Chamber Summons No. 206/2019 is made
absolute in terms of prayer Clause (a) and (b).
2. The plaintiff shall correct the title of the plaint
adding new defendant Mrs. Shobha Ramchandra
Tawde within four weeks from today.
3. All consequential amendment shall be carried
out within four weeks from today.
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Chamber Summons No. 206/2019 ..3.. In S.C. Suit No.2886/2015
4. The plaintiff shall serve the newly added
defendant within four weeks thereafter.
5. The plaintiff shall submit a typed copy of
amended plaint to the Court for the purpose of
decree and shall serve a copy on the existing
defendants also.
6. Costs in cause.
7. Chamber Summons No. 206/2019 is disposed of
accordingly.
(AJIT N. MARE)
Judge,
Date : 04.03.2021 City Civil Court, Gr. Mumbai.
Dictated On : 04.03.2021
Transcribed on : 05.03.2021
HHJ Signed on : 06.03.2021
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Chamber Summons No. 206/2019 ..4.. In S.C. Suit No.2886/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
06.03.2021 5.35 p.m. Mahendrasing D. Patil
(Stenographer (Grade-I)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No.3)
Date of pronouncement of Order 04.03.2021
Order signed by P. O. on 06.03.2021
Order uploaded on 06.03.2021
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