Date: 11-04-2018
Business: Plaintiff No.1a present.
Akshay Chitale for defendant No.3 and 5 present.
Defendant No.6 present.
Plaintiff tenders original CS No.635/18 and affidavit of service of CS.
Adjd. to 18/04/2018 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2018
Date: 18-04-2018
Business: Adv. Prashant Chande for plaintiff present.
Adv. Keval Shah for defendant Nos.3,5,7,9 present.
Defendant No.6 present.
Heard Ld. Counsel for plaintiff and Ld. Counsel for defendant No.3,5,7 and 9 on CS. The present suit is for partition. Ld. Counsel for the plaintiff submits that in view of amendment of Section 6 of Hindu Succession Act, he wants to add the sisters of original plaintiff as party defendant Nos.11 and 12 in the plaint.
Ld. Counsel for defendant Nos.3,5,7 and 9 objects the same on the ground of delay.
I have considered the submissions.
At the outset, though the suit is of 1983, the issues are yet to be framed. Plaintiff is the dominus litus in the suit. The suit is for partition of the joint family property, the sisters of the original plaintiff, being necessary parties, are added as party defendant.
Plaintiff to issue notice and serve the amended copy to the defendants and the proposed defendants within two weeks from today. Short service is allowed.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Business: Adv. Prashant Chande for plaintiff present.
Adv. K.P. Shah for defendant Nos.3,5,7 and 9 present.
Heard Ld. both the Counsels on CS for amendment. This Court has already allowed the plaintiff to implead his two sisters as the party defendant in the cause title. Ld. Counsel for the plaintiff submits that in view of the addition of these sisters, it is necessary to amend the pleadings in the plaint as regards shares etc. Ld. Counsel requests to allow the CS as per prayer clause a,b and c in the CS.
Ld. Counsel for the defendant takes formal objection on the ground of delay.
As the sisters have already been added and the trial is yet to be started, the Chamber Summons is made absolute in terms of prayer clause (a) to (c). Defendant to file additional WS, if any.
Plaintiff to carry out amendment within two weeks and file the amended copy within two weeks thereafter. Plaintiff to supply the amended copy to the defendant, in advance.
Nature Of Disposal: ALLOWED
Disposal Date: 03-05-2018
