Full Order Text
Order 2 · 07 Feb 2018 · CNR MHCC010015362018
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. -- 1 of 3 -- 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 -- 2 of 3 -- 3 CS No.212/2018 2016 in Suit No.8031/1996 “CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGN JUDGMENT/ORDER” 7.3.2018 at 10.40 am (Mrs. S. W. Tuscano) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court room no.) HHJ Shri G. R. Agrawal, C.R. No.3 Date of Pronouncement of JUDGMENT/ORDER 7.02.2018 JUDGMENT/ORDER signed by P.O. on 09.02.2018 JUDGMENT/ORDER re uploaded on 07.03.2018 -- 3 of 3 --