Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 49118 in SC SU No.231016
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.491 OF 2018
(CNR No.MHCC010034652018)
IN
SHORT CAUSE SUIT NO.2310 OF 2016.
(CNR No.MHCC010092442016)
Manjula Shivaji Chheda }...PLAINTIFF.
Versus
Shivaji Raja Chheda@ }
Shivaji Raja Chheda & Ors.. }...DEFENDANTS.
Shri.Kishor Mhater, learned advocate for the plaintiff.
Shri. Khatib, learned advocate for defendant Nos.1 to 3.
Shri.Suryawanshi, learned advocate for defendant No.4.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 07/03/2019)
1. This Chamber Summons is taken out by the plaintiff
seeking amendment in plaint as per Schedule annexed to the Chamber
Summons. Read the affidavit filed in support of Chamber Summons and
the Schedule of amendment. Read the reply filed by defendant/BMC.
Perused the entire record.
2. Perusal of Schedule of amendment shows that plaintiff
wants to bring on record certain more events to prove that plaintiff's
husband is presumed to be dead, being not heard of for more than
seven years, under Section 108 of Indian Evidence Act. It is contended
in the supporting affidavit that plaintiff was not in a possession of the
record which is now sought to be brought on record by giving the
details thereof by effecting amendment in plaint. Perusal of Schedule of
amendment does not show that plaintiff is trying to change the nature
of suit by carrying out the amendment. Even if it is accepted that the
facts mentioned in the Schedule of amendment were within the
-- 1 of 3 --
2 CS 49118 in SC SU No.231016
knowledge of plaintiff at the time of filing of the suit, granting of
permission to bring those events on record by carrying out amendment
in plaint will not cause any prejudice to the defendants as defendants
will get opportunities to file additional written statement. For those
reasons, holding that plaintiff is entitled for the relief claimed, I pass the
following order.
O R D E R
1. Chamber Summons No.401 of 2018 is allowed in terms of prayer
clause(a).
2. Plaintiff shall carry out amendment as per Schedule on or before
next date and supply copies of amended plaint to the defendants.
Date: 07/03/2019. (P.P.RAJVAIDYA)
Dictated on : 07/03/2019. Judge, C.R.No.12,
Transcribed on : 08/03/2019. City Civil Court,
Checked on : 08/03/2019. Gr. Bombay.
Signed on : 08/03/2019.
-- 2 of 3 --
3 CS 49118 in SC SU No.231016
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.03.2019 at 1.30 p.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 07.03.2019
Order signed by P.O. on 08.03.2019
Order uploaded on 11.03.2019
-- 3 of 3 --