Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Suit No. 3481-2014
Order in CS No. 508-2020
MHCC010032702020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 508 OF 2020
IN
SUIT NO. 3481 OF 2014
Smt. Bindu Nandkumar Singh ]….Plaintiff
V/s.
Mr. Prabhakar Vikram Chalke & Ors. ]....Defendants
Appearances :
Learned Adv. Vaibhavi Pawar for plaintiff.
Learned Adv. Amit Kapase for defendant/State.
CORAM : SHRI. ARVIND. M. BHANDARWAR
JUDGE, CITY CIVIL COURT
(C.R.NO.09)
DATE : 14th AUGUST, 2025
ORDER
1. The present Chamber Summons is filed by the defendant
No.1 to amend the Written Statement filed in the Suit No. 3481/2014.
It is submitted that the suit is filed to declare that the plaintiff was in
exclusive use, occupation and possession of the suit premises and
further to declare as lawful occupant.
2. It is the contention of the defendant No.1 that earlier
advocate has not filed some important documents on record and
pleading to that effect was not incorporated in the original Written
Statement. It is mentioned in the affidavit that the defendant No.1 is
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Order in CS No. 508-2020
already in use, occupation and possession of the Permanent Alternate
Accommodation prior to the passing of the order by this Court. In order
to bring the true facts on record, the defendant No.1 has requested to
allow the chamber summons for the reasons stated in the affidavit.
3. The plaintiff has strongly opposed the chamber summons
on the ground that the delay is not explained. It is contended that if the
amendment is carry out, it will cause prejudice to the plaintiff and
nature of defence will also change. It is further submitted that sufficient
opportunity was given to the defendant to take the defence. The
plaintiff has denied all the contents of the application. It is mentioned
that if the application is allowed, the plaintiff will cause grave and
irreparable loss, harm, prejudice and injury. Hence, it is prayed to reject
the application.
4. Heard both the sides. I have gone through the record and
proceedings. It is not in dispute that the suit is for declaration and the
defendant No.1 is taking defence that he is in possession of suit
property. It is cardinal principle of law that at the time of deciding the
amendment application, merits of the application is not to be seen. It
will be decided at the final stage of the hearing. However, for the
reasons stated in the chamber summons that the defendant No.1 has
discovered the documents at later stage and therefore, wants to amend
the plaint as mentioned in the schedule annexed to the chamber
summons.
5. I have gone through the schedule of the proposed
amendment. Those are with respect to the documents filed along with
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chamber summons. Therefore, this Court is of the view that no
prejudice will be caused, if the defendant No.1 is allowed to carry out
the amendment as prayed for. That apart, this chamber summons
moved by the defendant No.1 and rules applicable to pleadings of the
plaintiff are not applicable to the defendants. The defendant cannot be
restrained from taking available defence. Therefore, this Court is of the
view that grounds are made out to allow the chamber summons and it
is hereby allowed. Hence, I proceed to pass the following order :
ORDER
1. The Chamber Summons No. 508 of 2020 is hereby allowed.
2. The defendant No.1 to to carry out the amendment in the Written
statement as per schedule annexed to the chamber summons on
or before next date, and to submit its copy in the Court and also
serve it to the plaintiff.
3. The Chamber Summons is disposed of accordingly.
4. The order is digitally signed; hence, it be uploaded on Case
Information System (CIS) and the printout of the digitally signed
order, additionally signed by me be kept on record as the physical
record is maintained by the Court.
(Arvind. M. Bhandarwar)
Judge,
City Civil Court,
Date: 14.08.2025 Gr. Bombay.
Dictated on : 14.08.2025
Transcribed on : 14.08.2025
Signed on : 21.08.2025
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Order in CS No. 508-2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.08.2025 At 5.00 P.M. Mrs. Poonam Y. Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room Number)
HHJ SHRI. ARVIND. M. BHANDARWAR
JUDGE, CITY CIVIL COURT &
ADDITIONAL SESSIONS JUDGE
(C.R.NO.09)
Date of pronouncement of
Judgment/ Order
14.08.2025
Judgment/Order signed by P.O.
on
21.08.2025
Judgment/Order uploaded on 21.08.2025
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