Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum. no.444-2019, in Suit no 3293-2014
MHCC010022402019
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
CHAMBER SUMMONS NO.444 OF 2019
IN
SHORT CAUSE SUIT NO.3293 of 2014
1. Smt.Mamta Praveen Ramani and Ors. ...Plaintiffs
V/s
1. Ms Shantidevi Premchand and Ors. ...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI R.R.PATARE
(COURT ROOM NO.01)
DATE : 12th DAY OF MARCH, 2024
-:Appearances:-
Adv. K.D. Zha for plaintiffs
Adv. Rehan Ansari h/f Sayeed Aktar for defendants
ORAL ORDER
This Chamber summons is taken out by the plaintiff
seeking amendment in the plaint under Order 6 Rule 17 of Code of
Civil Procedure. In this back drop, it is for plaintiff to demonstrate
that proposed amendment is necessary for decision of suit between
the parties.
2. Plaintiff seek to add Deesons Investment and Finance
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2 Ch/sum. no.444-2019, in Suit no 3293-2014
Pvt. Limited as a party defendant. The plaintiff came with a case that
during the pendency of suit there were negotiation for settlement
between the defendant no.1 and proposed defendant no.4. The
plaintiff also wants to bring on record institution of suit by proposed
defendant and order passed therein. The plaintiff also wants to bring
on record transaction of suit property executed between proposed
defendant and the defendants in the suit. The plaintiff came with the
case that the defendant no.1 has sold suit property to proposed
defendant and therefore he is not landlord as on day. The plaintiff
claims that all the above incident occurred during the pendency of
suit and therefore they are required to be brought on record for the
decision of suit. The defendant filed reply and opposed the
application. It is contended that the suit of plaintiff itself is not
maintainable. It is further contended that the suit is between tenant
and landlord. It is contended that the proposed amendment is not
necessary for final adjudication of controversy between the parties.
The defendant denied all the contents of chamber summons and
affidavit filed in support of chamber summons. It is alleged that
plaintiff has committed default in payment of rent amount. The
defendant further states that no development had taken place during
the pendency of suit. The defendant requested for rejection of
chamber summons.
3. Perused pleading and heard advocates for the parties.
The plaintiff suit is for declaration that defendants are not entitled to
act as an owner of suit property and shall not withdraw amount
deposited by plaintiff until they prove their title to the suit property.
By way of proposed amendment plaintiffs claim that the title of suit
property is transfer in favour of proposed defendants. In such
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3 Ch/sum. no.444-2019, in Suit no 3293-2014
circumstances, the proposed amendment as regards transfer of title
by defendant no.1 in favour of proposed defendant is necessary for
decision of present suit. The proposed amendment will not change
the nature of suit. By way of proposed amendment plaintiff is trying
to bring on record transfer of title of suit property between
defendant no.1 and proposed defendant. The trial of suit is yet to be
commenced. For decision of this chamber summons, it is not
necessary to go into the merit of claim made by plaintiff. The
maintainability of the suit will have to be decided at appropriate
stage and not in this chamber summons as contended by defendant.
No prejudice would be caused to the defendant, in case amendment is
allowed. The defendants are at liberty to file their additional written
statement if so desire. In the result, following order is passed:
ORDER
Chamber summons no. 444/2019 is hereby allowed and
disposed of with no order as to costs.
The plaintiff is hereby permitted to carry out necessary
amendment as per schedule within the period of 14 days from today.
(R. R. Patare)
Judge, City Civil & Sessions
Court,Gr.Mumbai
Date:.12.03.2024 (C.R. No.1)
Dictated on : 12.03.2024
Transcribed on : 12.03.2024
Checked & Signed on : 12.03.2024
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4 Ch/sum. no.444-2019, in Suit no 3293-2014
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE : 13.03.2024 NAME OF STENOGRAPHER(G-I)
Mrs. V.V.Mhatre
TIME:
Name of the Judge (With Court room no.) HHJ Shri R. R. Patare
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 12.03.2024
JUDGMENT/ORDER signed by P.O. on 13.03.2024
JUDGEMENT/ORDER uploaded on 13.03.2024
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