Date: 05-02-2019
Business: Adv. Tripathi for Plaintiff present.
Plff tendered original Ch/s 205/19 t.o.r.
Deft no.1 present.
K.B.
L.O.
Adv. Shrivastav for Defendant present.
He filed reply to Ch/s.
Order below Ch/s no.205/19.
Read Chamber summons, affidavit in support of it and reply of Defendant no.1.
Heard respective counsel for parties. Chamber summons is taken out by Plaintiff to add valuation clause in terms of order dtd.12.08.2015 in chamber summons no.2642/14 and also to carry out amendment to the plaint as per aforesaid order. Deft. no.1 objected to said chamber summons on the count that value of suit premises is more than Rs.50 Lakhs but Plaintiff in schedule shown value of the claim Rs.15 Lakhs which is insufficient. So far as objection about the valuation raised by Defendant no.1 is concerned while deciding present chamber summons, this Court cannot go into the merits of valuation of suit claim. That point has to be dealt separately. It is pertinent to note that my Ld. Predecessor vide order dtd.12.08.2015 allowed chamber summons no.2642/14 which was taken out for amending plaint to convert Plaintiff\''s suit that from suit for perpetual injunction to recovery of possession. My Ld. Predecessor has also directed office to permit Plaintiff to carry out amendment only after he values suit property and pay Court fee. Therefore, Plaintiff has taken out present chamber summons to value his claim and pay Court fee accordingly and also to carry out amendment in terms of order dtd.12.08.15 in Chamber summons No.2642/14. Plaintiff in affidavit in support of the chamber summons has stated that he paid Court fee as per valuation of suit premises at Rs.15 Lakhs. It seems that now Plaintiff wants to incorporate valuation clause in view of seeking relief for possession of suit premises. Therefore, I am of the view that proposed amendment is just and necessary, hence Chamber summons deserves to be allowed, hence pass following order.
ORDER
1. Chamber Summons No.205 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Plaintiff to carry out amendment within two weeks from date of order and thereafter within two weeks supply copy of amended plaint to the defendants.
3. Before permitting Plaintiff to carry out amendment, office to ascertain whether Plaintiff has paid requisite Court fee.
Accordingly, Chamber summons No.205/19 is disposed off.
Adj for compliance to 16.03.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 05-02-2019
