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Court Order

Final Order 1

CNR MHCC01001768201923 Apr 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 23 Apr 2019 · CNR MHCC010017682019

Order Details: Other
Pdf Text: 23.04.2019
SU 2040/14
@ Ch/s
343/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Rupali Sathe for Plaintiff present.
Deft and Adv absent.
Order below Chamber Summons No.343 of 2019.
Read Chamber summons, affidavit in support of it.
Heard counsel for Plaintiff.
Chamber summons is taken out to specify boundaries of the suit
property in plaint by seeking amendment as per schedule annexed to
the chamber summons alongwith map.
I have gone through plaint. Description of boundaries of suit property
has not been given in the plaint. It is pertinent to note that O-7 Rule-3
of C.P.C. provides that where the subject matter of the suit is
immovable property, the plaint shall contain a description of the
property sufficient to identify it and in case such property can be
identified by the boundaries or numbers in a record of settlement or
survey, the plaint shall specify such boundaries or numbers.
Keeping in view aforesaid provision, I am inclined to allow proposed
amendment which is taken out to incorporate boundaries of suit
property in the plaint alongwith map of suit property. Hence, pass
following order.
ORDER
1. Chamber summons no.343/19 is allowed and made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out amendment in the plaint within
period of two weeks from date of order.
3. Accordingly, Ch/s is disposed off.
Adj for compliance to 25.06.2019.
Judge
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