Date: 18-06-2018
Business: Adv. Balasaheb Deshmukh for plaintiff present and tendered original notice of motion no.1258/2018 alongwith affidavit and original chamber summons no.581/2018 alongwith affidavit.
He also filed affidavit of service with writ of summons.
Adv. Gada for D-5,6 and 9 present.
Adv. Kothari for D-12 present and filed VP on behalf of D-12.
Ld. Counsel for plaintiff submits that D-2 has expired and seeks time to take steps. As per the affidavit of service filed by plaintiff, all the defendants are served except D-10. Hence the Ld. Counsel for plaintiff undertakes to take steps to serve D-10.
CS no.581/2018 is filed by the plaintiff for amendment of plaint. The Ld. Counsel for plaintiff has urged that the plaintiff seeks to bring on record the subsequent developments in the matter. Ld. Counsel for defendant no.5,6 and 9 submits that he has no objection to allow the chamber summons without prejudice to the rights and contentions on merits. Ld. Counsel for defendant no.12 submits that he has filed VP today and therefore he seeks time to file reply to the chamber summons. The record shows that the copy of chamber summons was served in March 2018 and the D-12 was represented by a different advocate at that time. Mere change of an advocate cannot be a ground to grant further time to file reply to the chamber summons. In any case, the issues are not framed and the trial has not commenced. Hence chamber summons no. 581/218 is made absolute in terms of prayer clause (a). Necessary amendment be carried out within two weeks. Amended copy of the plaint be filed in the court with copy to the other side by next date.
Nature Of Disposal: ALLOWED
Disposal Date: 18-06-2018
