Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.846 OF 2019
IN
S.C.SUIT NO.850 OF 2017
Canara Bank ....Plaintiff
V/s
1. Mr.Ramdin Gupta
2. Mr.Rahul Ratnakar Gaikwad .... 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
ORDER
Perused chamber summons
It is submitted by the plaintiff that there was the typographical
error in the typing of name of defendant no.1 as it was wrongly typed
“Mr. Ramdin Gupta” instead of Mr.Ramdin Badriprasad Gupta” 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.
I have perused the record of Suit No.850/2017 I found apparently
that there is a typographical mistakes committed by the plaintiff while
making plaint. The said typographical mistake is formal in nature
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however, it was upon plaintiff to rectify the same for taking proper steps
to secure the presence of defendant no.1. Till defendant no.1 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
sent 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.1. Hence I
proceeded to pass following order .
ORDER
1) Chamber Summons No. 846 of 2019 is allowed.
2) Plaintiff is permitted to amend plaint title and correct the
name of defendant no.1.
3) Chamber Summons no. 846/2019 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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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
03.08.2019 at 03.20 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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