Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.752/2019 ..1.. Suit No.6916/2004
CNR No.MHCC010038032019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.752 OF 2019
IN
SUIT NO.6916 OF 2004
Surendra Baban Mishra and another .. Plaintiffs
Versus
Sonawal Industrial Pvt. Ltd. .. Defendants
Mr. Suresh Gole, advocate for plaintiffs
Mrs. A. R. Khanna, advocate for defendants
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 10th October, 2019
ORAL ORDER
Chamber summons is taken out by the plaintiffs seeking permission
to amend and correct date of suit agreement mentioned in different
paras and prayer clauses (a) and (b) of the plaint and also in Exhibit A
to the plaint.
2. It is the contention of plaintiff that plaintiff's advocate drafted
the plaint correctly and date of suit agreement is mentioned and typed
as 02.03.1993. However, while filing the suit advocate changed month
March to May in relation to date of agreement. It is contended that said
mistake has been committed inadvertently and so same needs to be
corrected. Accordingly, plaintiffs have made prayer in above terms.
3. Defendants company opposed chamber summons on the count
that amendment cannot be allowed after lapse of 15 years from the date
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CS No.752/2019 ..2.. Suit No.6916/2004
of filing of the suit and amendment has become time barred, valuable
legal rights have been accrued in favour of defendants which cannot be
jeopardised. Accordingly, they prayed for dismissal of chamber
summons.
4. Read chamber summons, affidavit in support of it, reply of
defendants, plaint and original agreement of sale filed by plaintiffs.
Heard respective counsel for parties.
5. On perusal of plaint para Nos. 1, 3, 21, 23, 27, 29, and prayer
clauses (a) and (b) it is clear that date of agreement of sale is
mentioned as 02.05.1993. It seems that while filing the suit month of
the Agreement has been corrected from March to May. On perusal of
agreement of sale filed below list Exh.4 by the plaintiffs it is apparent
that said agreement was executed on 2nd March, 1993. Said mistake
appears to be clerical error and no prejudice will be caused to the
defendants if it is ordered to correct said clerical error. It cannot be said
that amendment as sought changes the nature of suit. Amendment
sought is only to correct clerical error therefore I am inclined to allow
aforesaid chamber summons. However, considering the fact that after
15 years of filing of suit present camber summons is taken out so
certain costs is required to be imposed upon the plaintiffs. Hence, pass
following order.
ORDER
1. Chamber Summons No.752 of 2019 is allowed subject to
payment of costs of Rs.1000/ (Rupees one thousand only) by the
plaintiffs to the defendants within period of two weeks from the date of
this order.
Plaintiffs are at liberty to deposit the costs payable to the
defendants in Court.
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CS No.752/2019 ..3.. Suit No.6916/2004
2. On deposit of costs by the plaintiffs they are permitted to correct
the date of Agreement of sale as 02.03.1993 instead of 02.05.1993 in
plaint para Nos.1, 3, 21, 23, 27, 29 and prayer clauses (a) and (b) and
schedule A to the plaint.
3. After carrying out amendment, copy of amended plaint be
placed on record and it be served upon defendants.
4. Accordingly, chamber summons is disposed of.
(M. T. Asim)
Judge
Date : 10.10.2019 Gr. Bombay
Typed on : 10.10.2019
HHJ signed on :
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CS No.752/2019 ..4.. Suit No.6916/2004
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.10.2019, 5.45p.m
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
09.10.2019
JUDGMENT/ORDER signed by P.O.
on
10.10.2019
JUDGMENT/ORDER uploaded on 17.10.2019
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