Final Order 1

Order Details: Other
Pdf Text: 05.02.2019
SU 2442/14
@ Ch/s
205/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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