Final Order 1

Order Details: Chamber summons
Pdf Text: 27.07.2023
Sr. No. 02
CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09)
SU 6480/06
C/S 2075/18
C/S 798/19
Adv. Mr. Solaskar for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.8/BMC is present.
Adv. Ms. Shaikh h/f Adv. Kudalkar for defendant No. 9/State is
present.
KB LO at 04:00 pm.
The following Order is passed on exhibit No. 06:
Plaintiff has filed present application for correction of
typographical error in Ch/s No. 798/2019. It is contention of the
plaintiff that there is a typographical error in schedule of the
chamber summons which he desires to correct. Perused the
application as well as chamber summons. The correction sought,
being technical, needs to be allowed. Hence, I proceed to pass
following Order:
ORDER
1. Application (Exhibit 06) is allowed.
2. Plaintiff to carry out correction in the chamber summons No.
798/2019.
3. Application (Exhibit 06) stands disposed off.
The following Order is passed on Ch/s NO. 2075/2018:
Plaintiff has taken out present chamber summons seeking
amendment in the plaint. It is contention of the plaintiff that
plaintiff has filed suit for declaration and specific performance of
the suit agreement dtd. 23.01.1987 along-with other reliefs. The
suit is at the stage of framing of issues and trial has not begun in
the suit. It is submitted that prayer for damages, in the alternative
was not sought for at the time of filing of the suit due to
inadvertence and oversight. Hence, plaintiff prayed for allowing
him to carry out necessary amendment regarding the same.
Defendant No. 16 has filed reply to chamber summons and
opposed the chamber summons by submitting that prayer for
damages could have been added at the time of filing of suit itself.
The amendment sought for indeed alter the nature of the case and
the amendment is not at all necessary to determine the real issues
between the parties. Hence, prayed for rejection of chamber
summons. Plaintiff has also filed affidavit in rejoinder.
Heard both the sides. It appears that plaintiff has filed suit
for declaration and specific performance. Now, by way of proposed
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amendment plaintiff is seeking to add prayer for damages in the
alternative, which was not sought for at the time of filing of suit
and for consequential amendment in the plaint. In view of
provisions of Specific Relief Act the prayer of compensation can be
added at any stage of the suit in suit for specific performance.
Therefore, I hold that chamber summons deserves to be allowed. In
the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 2075/2018 is made absolute.
2. Plaintiff to carry out necessary amendment and to supply
copy of amended plaint on record within 14 days.
3. Chamber Summons No. 2075/2018 stands disposed off.
The following Order is passed on Ch/s No. 798/2019:
Plaintiff has taken out this chamber summons for seeking
amendment in the plaint as per schedule annexed to chamber
summons. It is contention of the plaintiff that advocate appearing
for defendant Nos. 5 and 6 appeared and informed the Court that
defendant No. 5 has expired on 14.11.2018 and the spelling in the
name of defendant No. 6 is “Aoudry” instead of “Andrew”.
Thereafter, by email dtd. 20.02.2019 advocate for defendant
confirmed to the advocate of plaintiff that defendant No. 5 is
expired and also informed that defendant No. 6 along-with
defendant No. 3(a) to 3(g) are the legal-heirs of deceased
defendant No. 5. Hence, plaintiff is seeking necessary amendment
to delete name of deceased defendant No. 5 and to correct the
name of defendant No. 6 in the plaint. No reply has been filed by
defendants. Considering the submissions it would be just and
proper to allow chamber summons. In the result, I proceed to pass
following Order:
ORDER
1. Chamber Summons No. 798/2019 is made absolute.
2. Plaintiff is permitted to amend the plaint as prayed.
3. Plaintiff to carry out necessary amendment and to supply
copy of amended plaint on record within 14 days.
4. Chamber Summons No. 798/2019 stands disposed off.
Matter is adjourned to 11.08.2023 for compliance.
Judge
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