Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.849 OF 2019
IN
S.C.SUIT NO.1478 OF 2017
Canara Bank ....Plaintiff
V/s
1.Mr.Nityanand Nadar.
2.Mr.Padmanathan Nadar. .... 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 defendant no.2 as it
was wrongly typed “Mr. Nityanand Nadar” instead of Mr.
Nityanand Muthulingam Nadar” and in respect of defendant no.2
"Mr.Padmanathan Nadar” instead of “Mr.Padmanathan
Sunderpandi Nadar” 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.1478/2017 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.1
and 2. Till defendant nos. 1 and 2 are not appeared in the present
suit. However, their appearance in the present suit is required for
settlement of issues. Naturally, if the writ of summons is send to
the wrong name then they are 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 nos. 1 and 2. Hence,I proceeded to pass following order.
ORDER
1) Chamber Summons No.849/2019 is allowed.
2) Plaintiff is permitted to amend plaint title and correct the
name of defendant nos. 1 and 2.
3) Chamber Summons no. 849/2019 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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