Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.353 OF 2019
(CNR NO.MHCC01018162019)
IN
SHORT CAUSE SUIT NO.5042 OF 2012
Smt. Nilkanti Ramakant Parab & Others. )..Plaintiffs
V/s.
Shri Satinsh Sitaram Parab & Others. )..Defendants
And
Shri Sachin Ramakant Parab )..Applicant
Appearances :
Ld. Adv. Mukund Jalgaonkar for plaintiffs.
Ld. Adv. Reshmi Parab for the defendants.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 09/03/2023
ORDER
1 This chamber summons is taken out by the plaintiffs for
amendments in the plaint as per the schedule, contending that certain
facts remained to be mentioned in the plaint by erstwhile Counsel and
certain corrections also appeared in the plaint. The amendments sought
are explanatory in nature for correction of some words in the plaint as per
the schedule and prayed for grant of chamber summons.
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2 Defendants resisted the contention by filing reply contending
that the amendments sought are after framing of issues and when the
matter was adjourned for recording of evidence. Therefore, there is
deliberate delay on the part of the plaintiffs. The facts mentioned in the
schedule of the amendment were already within the knowledge of the
plaintiffs while filing of the suit, therefore, they cannot be permitted to
add the pleadings after that. Defendants also claimed that the
amendments sought will change the nature of suit and prayed for
rejection of chamber summons.
3 Heard rival parties at length.
4 Perused the schedule of the amendment, some proposed
amendments appears for making correction, and some of it appears in
nature of explanation. The plaintiffs are not introducing new facts or new
reliefs by way of these amendments, therefore, I am of the view that the
nature of suit will not change, if the amendments sought are allowed.
5 Though the amendments are sought after the framing of
issues, however, till date the matter is not fixed for crossexamination,
therefore, proviso provided under Order IV Rule 17 of Code of Civil
Procedure, will not apply to the instant case. Considering the fact that
the amendments sought are explanatory in nature, will not change the
nature of suit, the amendments sought deserves to be allowed. No new
issue is required to be framed after the amendments and the defendants
would be at liberty to reply by way of consequential written statement.
6 In view of the above discussion, I pass the following order :
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O R D E R
1. Chamber Summons No.353/2019 in S. C. Suit
No.5042/12, is hereby allowed.
2. The plaintiffs are allowed to carry out necessary
amendments as per Schedule within stipulated
period.
3. The plaintiffs to file amended plaint and also to
supply copy to other side.
4. The defendants are at liberty to file consequential
Written Statement, if so desired.
5. Costs in cause.
6. Chamber summons disposed of accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge
City Civil Court, C.R. No.03
Date: 09/03/2023. for Gr. Bombay.
Dictated on : 09/03/2023.
Transcribed on : 09/03/2023.
Signed on :
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“Certified to be true and correct copy of the original signed order”.
10/03/2023 (Ms. Sonali Sudhir Sawant)
at about 1.35 p.m. Stenographer (GradeIII.)
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of Order : 09/03/2023
Order signed by Hon'ble Judge on : 10/03/2023
Order uploaded on : 10/03/2023
at about 1.35 p.m.
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