Final Order 1

Order Details: Other
Pdf Text: 25/06/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
SU-3070-2019 Adv. Saurabh Gokhale i/b. M/s. Rawal Shah and Company for
plaintiff present and filed registered Chamber Summons
No.421 of 2020 alongwith affidavit in support.
None present for defendants.
It appears that while granting leave to register the Chamber
Summons, plaintiff were directed to serve the copy of
Chamber Summons on the other side. Perusal of the record
shows that defendant is yet not served with the writ of
summons. Plaintiffs have prayed in the Chamber Summons to
allow them to correct the address of the defendants in the
title clause of the suit. In the affidavit filed in support of the
Chamber Summons, it is stated on oath that incorrect address
of the defendant has been inadvertently mentioned in the title
clause while filing the suit. Considering the fact that the
plaintiffs simply want to correct the address of the defendant
in the title clause of the suit so also, considering the fact that
defendant is yet to be served with the writ of summons, there
appears no reasons to disbelieve the statement made in the
supporting affidavit that incorrect address of defendant is
mentioned inadvertently while filing the suit and hence, this
court is of the opinion that it is not necessary to serve a
notice of Chamber Summons on the defendant. In the result,
Chamber Summons No.421 of 2020 is allowed in terms of
prayer clause(A).
Plaintiffs shall carry out the amendment as per the schedule
within 14 days from today.
Matter adjourned for compliance to 31/08/2021.
Judge
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