Final Order 1

Order Details: Chamber summons
Pdf Text: 11.10.2021
36
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 2807/2018
@ CS 445/2020
Adv J. S. Yadav for plff present.
Adv Bhagyashri Dhamapurkar for deft no. 1 present.
Heard Adv for plff and deft no. 1 on CS. CS is for
amendment and adding son of deft no. 1 as proposed deft
no. 2 in the suit. In paragraph no. 5 of affidavit in support
of CS, plff stated that during pendency of suit and operation
of adinterim order, when she was out of station from
25/07/2019 to 30/07/2019, deft no. 1 by taking advantage
of absence of the plff, inducted deft no. 2 in the suit
premises illegally.
Adv for deft no. 1 pointed out attention of the Court towards
order dated 12/12/2019 in contempt NM 3070/2019 and
order dated 16/10/2019 in NM 4215/2018 where this Court
observed that plff is not in possession of the suit premises as
of now.
Adv for deft no. 1 further submitted that reliefs claimed by
the plff by way of proposed amendment is barred u/s 6 by
the Specific Relief Act.
From the perusal of CS, it appears that plff is amending the
plaint due to subsequent events happened during the
pendency of the suit and she is also amending the prayer
clause of the suit.
Admittedly the plff is amending the plaint after six month of
the cause of action stated in paragraph no. 04 of the
schedule. Hence the proposed amendment is barred u/s 6 of
the Specific Relif Act but the plff can seek relief of possession
u/s 5 of the Specific Relief Act.
Hence CS for proposed amendment is tenable and no
prejudice would cause to deft no. 1 if amendment is allowed
as deft no. 1 can amend her written statement and issues can
be framed.
Under the facts and circumstances, Chamber Summons
445/2020 is allowed as per clause (a).
Plaintiff to carry out the amendment as per the schedule
attached with the Chamber summons within 14 days from
the date of this order and served copy of amended plaint on
deft no. 1 and proposed defts.
No order as to costs.
Chamber Summons 445/2020 is disposed of.
Matter stands Adj for Compliance to 29/11/2021.
Judge
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