Date: 06-02-2019
Business: Plff present. Adv Ms.Dissa for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Draft ch/sum @ affidavit tendered by plff. It is TOR
Order - Leave is granted to register the ch/sum.
Order on draft ch/sum -
Perused the contents of the chamber summons, reply filed by the defendant corporation on the overleaf of the chamber summons and heard both parties. The plaintiff is seeking amendment in plaint to make averrments in respect of legality of suit structure and to add prayers in the plaint. The defendant corporation has objected the proposed amendment on the ground that certain documents are referred again and said amendment cannot be allowed as the plaintiff has remedy to file fresh suit after change of cause of action.
Upon perusal of plaint and proposed amendment, it cannot be said that the said amendment is sought on different cause of action. The plaintiff merely wants to add alternative prayers. Issues are not yet framed in this suit. The matter was fixed for written statement of the defendant. Therefore, it is clear that the chamber summons is filed before commencement of hearing. As such the same is liable to be granted. Hence, draft chamber summons is granted and made absolute in terms of prayer clause (a).
Plaintiff is directed to carryout amendment accordingly on or before next date.
Draft chamber summons be register for statistical purpose.
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2019
