Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.845 OF 2019
IN
S.C.SUIT NO.849 OF 2017
Canara Bank ....Plaintiff
V/s
1. Mr.Bhusan Madhukar Jadhav
2. Subhash Muthaya .... 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 name of defendant no.1 as it was
wrongly typed “Mr. Bhusan Madhukar Jadhav” instead of Bhushan
Madhukar Jadhav” and in respect of defendant no. 2 as it was
wrongly typed “Subhash Muthaya” instead of “Subhash Muthaya”
son of Muthaya 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 oversight of advocate and
which are need 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. 849/2017 I found
apparently there is a typographical mistakes committed by the
plaintiff while making plaint. The said typographical mistake is in
formal in nature however it was upon plaintiff to rectify the same
for taking proper steps to secure the presence of defendant no.1.
Till defendant nos.1 and 2 not appear in the present suit.
However, there appearance in the present suit is required for
settlement of issues. Naturally, if the writ of summons is sent to
the wrong name 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 is
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 proceed to pass following order.
ORDER
1) Chamber Summons No. 845 of 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. 845 of 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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