Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No.212/2018 2016 in Suit No.8031/1996
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
ORDER IN CHAMBER SUMMONS NO.212/2018
IN
SHORT CAUSE SUIT NO.8031 OF 1996
Mr. Navin Arjunbhai Jagani & Another ...Plaintiffs
V/s.
Ms. Aruna Sitaram Sansare ...Defendant
Advocate Ms. Priti Shah for the plaintiffs.
Advocate Mr. Deshpande for defendant.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 07.02.2018
ORDER
1. By this chamber summons, the plaintiffs are seeking
permission to amend the plaint for bringing on record the subsequent
developments.
2. Heard Ld. counsel for the parties. Perused the record.
3. The Ld. Counsel for defendants is opposing the chamber
summons on the ground that there is substantial delay in moving the
court for bringing the developments on record. He submits that the
plaintiffs were aware since 2015 about the said developments.
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2 CS No.212/2018 2016 in Suit No.8031/1996
4. A perusal of the proposed amendment shows that the
plaintiffs are seeking to add one paragraph 8A to the plaint and make
consequential modifications in the prayer. In the said paragraph, it is
stated that the suit flat is redeveloped and the defendant is in
possession of the new flat. Therefore the plaintiffs want to change the
description of the suit flat in the plaint as well as the in the prayer.
5. I find that the proposed amendment is formal in nature and
does not change the nature of the suit in any manner. It is necessary for
the effective adjudication of the suit. However, the defendant is liable to
be compensated for the substantial delay by imposing cost on the
plaintiff. Hence the following order
ORDER
1. Chamber summons no.212/2018 is made absolute in terms of
prayer clause (a) subject to payment of cost of Rs.5000/ to the
defendant within two weeks.
2. If cost is paid, amendment be carried out within two weeks
thereafter.
3. If cost is not paid, the chamber summons no.212/2018 shall
stand dismissed.
(G.R. Agrawal)
Judge
City Civil Court,Gr. Bombay.
Order Dictated on : 07/02/2018
Transcribed on : 07/02/2018
Signed on : 09/02/2018
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