Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S NO.337-2020 in SU-1172-2019
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS No.337 OF 2020
(CNR No.MHCC01-002167-2020)
IN
SUIT No.1172 OF 2019
(CNR No.MHCC01-010155-2019)
Sachin Uttamchand Nagda }...PLAINTIFF
VERSUS
Nirmala Uttamchand Nagda & Ors. }...DEFENDANTS
Appearance
Smt. Yogini Gada, learned advocate for the plaintiff.
Shri. Santosh Jadhav, learned advocate for the defendant no.2.
Shri. N.G. Shirke, learned advocate for the defendant no.7.
CORAM : HIS HONOUR JUDGE
SHRI. R.A. SASNE (C.R.NO.62)
Date : 07th June, 2022
O R A L O R D E R
1. This chamber summons is taken out by the plaintiff for
amendment in the plaint. The defendant nos.2 and 7 have filed reply to
the chamber summons.
2. The plaintiff filed service affidavit at Exh.7 to show that,
defendant nos.3 to 6 served with notice of chamber summons.
Defendant nos.3 to 6 failed to file reply to the chamber summons.
Defendant no.1 has expired.
3. Heard the learned advocate for the plaintiff, defendant
no.2 and 7.
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2 C/S NO.337-2020 in SU-1172-2019
4. The defendant no.1 has expired during the pendency of the
suit. The plaintiff has filed this suit for declaration about 1/3rd
undivided share in the estate of his father deceased Uttamchand Nagda.
Defendant no.1 has expired. The plaintiff is disputing the agreement of
permanent alternate accommodation dated 18/12/2018 in respect of
new flat in lieu of old room no.2. The plaintiff wants to delete the
name of deceased defendant no.1 and proposes to carry out the
necessary amendments as per the schedule attached with the chamber
summons.
5. The defendant no.2 opposes the chamber summons
contending that, the chamber summons is not maintainable, it is
without any cause of action. He also disputes the merit of the suit. He
denied that, plaintiff is entitled for 1/3rd undivided share. It is settled
principle of law that, merit of the amendment need not to be considered
at the time of deciding the plaintiff’s entitlement of amendment. As
aforesaid, the plaintiff proposed the amendment in respect of death of
defendant no.1. He wants to add the facts related to the affidavit dated
20/03/2019 and agreement of permanent alternate accommodation
dated 18/12/2018. The proposed amendment is just and necessary to
decide the real question in controversy between the parties. Hence, it is
required to be allowed, therefore, I pass following order :-
O R D E R
1. Chamber Summons No.337 of 2020 is allowed.
2. The plaintiff is allowed to carry out the amendment as
proposed in the Chamber Summons.
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3. Chamber Summons is disposed of accordingly.
(R.A. SASNE)
Judge, C.R.No.62,
City Civil Court,
Date : 07/06/2022 Mumbai.
Dictated on : 07/06/2022
Checked on : 07/06/2022
Signed on : 07/06/2022
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4 C/S NO.337-2020 in SU-1172-2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
09.06.2022 at 10.55 a.m. Mrs.Shrawanti A. Karre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 07/06/2022
Order signed by P.O. on 07/06/2022
Order uploaded on 09/06/2022
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