Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S No.755 of 2019
CNR: MHCC01-003815-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.755 OF 2019
IN
S.C. SUIT NO.2814 OF 2014
Subhashchandra Wamanrao Edvankar .. Plaintiff
V/s.
1 Aarti Girish Edvankar & Ors. .. Defendants
Appearances :-
Mr. Singh, Adv. for Plaintiff.
Mr. B.K. Raje, Adv. for Defendants.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 1st February, 2021.
ORDER
1 This Chamber Summons is moved by the defendants
with the prayer for amendment in the written statement Ex.2 and
to add paragraph 19A and 19B after paragraph 19 in the Written
Statement.
2 Learned Adv.Raje for defendants argued that plaintiff is
brother-in-law of the defendant No.1. Plaintiff filed the suit with
the prayer that he became owner of the suit property on the basis
of affidavit executed by the defendant No.1 on 19/06/2010. He
argued that as per defense of the defendants, affidavit executed by
way of sympathy and was taken by the plaintiff by way of fraud.
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2 C/S No.755 of 2019
Defendants have specifically taken plea regarding fraud in
paragraph No.5,10,11,14,23, 25 and 33 of the written statement.
By way of amendment, defendants are exploring defense giving
details of undue influence used by the plaintiff and details of the
fraudulent act. No any new plea is being raised by the defendants
by such proposed amendment. He requested to allow the Chamber
summons and permit the defendants to carry out amendment as
prayed.
3 On the contrary, learned Adv.Singh for the plaintiff
argued that plaintiff has filed examination-in-chief by way of
affidavit and also produced certain documents. Thereafter,
defendants have filed present Chamber Summons as such belated
stage. There is no single word mentioned in the Chamber
Summons which facts prevent the defendants to explore defense at
the time of filing written statement. Proposed amendment is
frivolous and misconceived and proposed after-thought. He
requested to reject the Chamber Summons with cost.
4 After hearing both the sides, I go through record. From
the written statement, it is defense of the defendants that affidavit
was executed by the defendant No.1 only by way of sympathy and
was taken by the plaintiff by playing fraudulent activities. In the
proposed amendment, situations are pointed out how plaintiff
used his undue influence and committed fraud and further,
proposed amendment is regarding legal advice given to the
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3 C/S No.755 of 2019
defendants. Considering nature of defence since beginning and
proposed amendment, it does not change the nature of suit.
Proposed amendment is only regarding circumstances in which
defendant No.1 executed affidavit. Therefore, considering all these
facts and circumstances, I am inclined to allow Chamber summons.
Hence, I pass following order.
ORDER
1 Chamber Summons No.755 of 2019 is hereby allowed
in terms of prayer clause(a).
2 Defendants are permitted to add paragraph 19A and
19B within 14 days from today.
3 Chamber Summons is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 01/02/2021. Greater Bombay.
Dictated on :01/02/2021.
Transcribed on :01/02/2021.
Signed on :01/02/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 02/02/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
01/02/2021.
Judgment/Order signed by P.O. on 01/02/2021.
Judgment/Order uploaded on 02/02/2021.
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