Order 1

Order Details: Other
Pdf Text: 26.02.2018
SU 931/14
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Plaintiff in person present and filed additional affidavit of service in
CS No.276/2018, taken on record and additional affidavit in support
of affidavit of service in CS No.276/2018, taken on record
None for defendants.
Notice of motion no.1423/2014 is filed by the plaintiff for interim
reliefs. Prayer clause (a) of this notice of motion is already deleted.
Some new parties are added in this notice of motion by way of
amendment. The plaintiff in person submits that this notice of
motion can be heard only if the proposed D-11,12 and 13 are added
to the suit. The plaintiff has already moved chamber summons for
adding D-11,12 and 13. Hence the present notice of motion is
disposed of with liberty to the plaintiff to file fresh notice of motion
for praying the prayer clauses (b) to (h) if the chamber summons
filed by plaintiff for adding proposed defendants is allowed. If the
chamber summons are dismissed, the plaintiff can still file the notice
of motion for said prayers by including newly added defendant
no.10 and the other amendments in the fresh notice of motion.
Accordingly notice of motion no.1423/2014 is disposed of with
liberty as above.
Heard plaintiff in person in NM No.1590/2016.
By this notice of motion, the plaintiff is praying for direction to D-1
to produce the documents referred to and relied upon in its written
statement and provide copy thereof to the plaintiff.
The prayer made by plaintiff in this notice of motion is not tenable
in law. If the D-1 fails to produce the documents relied upon by it in
the written statement, the consequences as per the Code of Civil
Procedure shall follow. Hence notice of motion no.1590/2016 is
dismissed.
Heard Ld. Counsel for plaintiff in CS No.1592/2017.
By this chamber summons no. 1592/2017, the plaintiff is seeking to
amend the plaint and add D-11 and 12 to the suit. They are served
as per the affidavit of service filed by plaintiff on 27.11.2017. The
proposed amendment does not change the nature of the suit in any
manner and seeks to bring on record the subsequent developments.
As far as proposed D-11 is concerned her name and address is
described in the chamber summons. However, the proposed D-12 is
described as “heirs and LRs of Shri. Narendra Popatlal Vora”. Such
description cannot be allowed and is not permissible in law to be
taken on record. Hence chamber summons no.1592/2017 is partly
allowed except the prayer to add proposed D-12. Necessary
-- 1 of 2 --
SU 931/14
amendment as per the schedule be carried out within two weeks.
Contd.
Heard Ld. Counsel for plaintiff in CS No.276/2018.
By this chamber summons no. 276/2018, the plaintiff is seeking to
amend the plaint and add proposed defendant namely Alag Property
Construction Private Limited to the suit. All the defendants are
served with the chamber summons as per the affidavit of service
filed by plaintiff today and on 16.2.2018, except D-4 namely
Ranvijay Kumar Dube. However intimation was given to him
through private courier. The proposed amendment does not change
the nature of the suit in any manner and seeks to bring on record
the subsequent developments. It appears that proposed defendant
Alag Property is the new developer alongwith other developers.
Hence chamber summons no.276/2018 is allowed. The developer
Alag Property be added as D-12. Necessary amendment as per
schedule be carried out within two weeks.
Plaintiff is directed to file fresh amended copy of plaint by including
all the amendments which are made till today, and serve copy to the
other side.
If the amendment is carried out, issue writ of summons to the newly
added defendants.
Matter adj. for Compliance to 27.04.2018.
Judge
-- 2 of 2 --