Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.848 OF 2019
IN
S.C.SUIT NO.1477 OF 2017
Canara Bank ....Plaintiff
V/s
1.Mr.Prabhakar Pechimuthu.
2. S.Elayaraja Samuvel. .... Defendants
APPEARANCE:
Ld. Adv.R.K.Shukla for plaintiff.
None for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 03rd August, 2019
CHAMBER SUMMONS ORDER
Perused Chamber Summons.
It is submitted by the plaintiff that there was the
typographical error in the typing of name of def.no.2. as it was
wrongly typed “Mr.S.Elayaraja Samuvel” instead of Mr.S. Elayaraja
S.V.Dravidian” in the cause title and vakalatnama and in the name
of defendant appearing in short cause title of the plaint. It has
further submitted by the plaintiff that the said mistake was the
typographical mistake occurred due to over sight of advocate and
which are needs to be rectified by way of amendment in the cause
title and vakalatnama of the suit.
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2
I have perused the record of Suit No.1477/2017 I found
apparently that there is a typographical mistakes committed by
the plaintiff while making plaint. The said typographical mistake is
formal in nature however, it was upon plaintiff to rectify the same
for taking proper steps to secure the presence of defendant no.2.
Till defendant no. 2 is not appear in the present suit. However, his
appearance in the present suit is required for settlement of issues.
Naturally, if the writ of summons is send to the wrong name then
he is not received writ of summons. And therefore, the proposed
amendment needs to be incorporated in the cause title. I am of the
opinion that if the permission is granted to the plaintiff to amend
title of the plaint then no prejudice will be caused to the case of
defendant. Thus, I come to conclusion that the proposed
amendment is necessary to correct the name of defendant no.2.
Hence, I proceeded to pass following order .
ORDER
1) Chamber Summons No.848/2019 is allowed.
2) Plaintiff is permitted to amend plaint title and correct the
name of defendant no. 2.
3) Chambur Summons No. 848/2019 is disposed of in the
above terms.
Date:03/08/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 03/08/2019
Typed on :03/08/2019
H.H.J.Signed on :03/08/2019
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3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.08.2019 at 03.15 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
03.08.2019
JUDGMENT/ORDER signed by P.O. on 03.08.2019
JUDGMENT/ORDER uploaded on 03.08.2019
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