Final Order 1

Order Details: Chamber summons
Pdf Text: C/S. No.249/20 (SC No.3959/08)
MHCC010016562020
Presented on : 07/02/2020
Registered on : 07/02/2020
Decided on : 09/07/2024
Duration : 4 Y 5 M 2 D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 249 OF 2020
IN
SHORT CAUSE SUIT NO.3959 OF 2008
Janardhan Shankar Karande … Plaintiff
V/s.
M/s. D. J. Builders & Ors. … Defendants
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 09th JULY, 2024.
Appearance :-
Ms. Hemali Merva h/f. Shamim Advocate for plaintiff.
None for defendants.
O R D E R
By this chamber summons the plaintiff has sought
amendment in pleadings.
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C/S. No.249/20 (SC No.3959/08)
2. In short, it is the case of the plaintiff that while
preparing evidence in this case, he came across certain relevant
documents which were missing at the time of filing of the suit.
Documents are material and relevant to the present proceedings.
The trial in this case is yet to began. Hence chamber summons be
allowed.
3. Despite sufficient opportunities defendants have not
filed their reply to this chamber summons. On going through
affidavit in support of chamber summons apparently, the
amendment sought is due to the subsequent event and the due
diligence of the plaintiff is reflected on record. While considering
whether an application for amendment should or should not be
allowed, the court should not go into correctness or falsity of the
case in the amendment. Likewise, it should not record a finding on
the merits of the amendment. The merits of the amendment
sought to be incorporated by way of amendment are not to be
judged at the stage of allowing prayer of amendment.
4. The rule of amendment is essentially a rule of justice,
equity and good conscience and the power of amendment should
be exercised in the larger interest of doing full and complete
justice to the parties before the court. Appreciating the relevant
provisions of law with the present set of circumstances, the
proposed amendment is necessary for adjudication of the dispute
on merit and same deserves to be allowed in the interest of justice.
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C/S. No.249/20 (SC No.3959/08)
Incorporation of facts by way of proposed amendment is necessary
for deciding the real controversy between the parties. I am on the
application for amendment. At this stage, I am not allowed to
touch the merits of the suit. In view of my aforesaid discussion, I
find it just and proper to allow the plaintiff to amend the plaint as
per the schedule annexed with the chamber summons. Hence, I
pass following order :-
O R D E R
1. Chamber Summons No.249/2020 in Suit No.3959/2008
is allowed as prayed.
2. Plaintiff to carry out necessary amendment in the plaint
as per law before next date of hearing.
3. Parties to bear their own costs.
4. Proceeding of Chamber Summons No.249/2020 in Suit
No.3959/2008 is closed.
Date : 09/07/2024. (Prashant C. Kale )
Ad-hoc Judge
City Civil Court, Gr. Bombay.
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C/S. No.249/20 (SC No.3959/08)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
10.07.2024 at 5.00 pm ( Samruddhi Jadhav)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. Prashant C. Kale (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
09/07/2024
JUDGMENT/ORDER signed by
P.O.on
10/07/2024
JUDGMENT/ORDER uploaded on 10/07/2024
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