Order 1

Order Details: Chamber summons
Pdf Text: C/S 659/18 in Suit 2999/15 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.659 of 2018
IN
SUIT NO.2999 of 2015
Bomi Daruwala and ors. ..Plaintiffs
V/s.
Feroze Cawas Titina & Ors. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 04th July, 2018
(C.R.No.19)
Advocate Mr. Nagvadaria for the plaintiffs.
Advocate Mrs. Khanna for the defendants.
ORAL ORDER
1. At the stage of framing of issues, in a suit for Declaration
and Injunction, the plaintiffs took out the present Chamber Summons to
amend the plaint in cause title, pleading and prayer clause as per the
schedule annexed to the Chamber Summons.
2. Defendants, in spite of an opportunity to file their reply, did
not file the same. The learned counsel for the defendants objected the
proposed amendment, being the delaying tactics on the part of the
plaintiffs.
3. In this chamber summons, the plaintiffs proposed to change the
addresses of defendant nos.2 and 9 in the cause title, to add para
nos.15A and 15B in the pleadings, which are relating to further details
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C/S 659/18 in Suit 2999/15 2
as to how the defendant no.4 is being coerced to surrender the suit
premises in favour of defendant nos.1 to 3 and to add clauses c1 to c
5 in the prayer clause.
4. On perusal of the pleadings in the plaint and the proposed
pleading, I do not find any new case sought to be added by the
plaintiffs. In view of the stage of the trial i.e. issues have not been
framed, I allow the same. However, as regards proposed prayers to be
added, the plaintiffs have already enumerated sub clauses 'a' to 'q' in
the prayer clause. The proposed amendment in the prayer clause is
nothing but further elaboration of the already narrated sub clauses in
the prayer clause. It may create confusion. I am not inclined to allow
the same. In such circumstances, I allow para 1 and 2 of the Schedule
Annexure A to the Chamber summons and reject para 3 of the Schedule.
I pass the following order :
ORDER
1. Chamber Summons is partly allowed as regards para 1
and 2 of the Schedule.
2. Plaintiffs to carry out the amendment within one week
and to furnish the amended copy of the plaint to this court
and to the defendants in one week thereafter.
04/07/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 04/07/2018
Transcribed on : 05/07/2018
Signed by HHPJ on : 06/07/2018
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C/S 659/18 in Suit 2999/15 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 06th July, 2018 (At 02.53 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 04th July, 2018
Order signed by P.O. on 06th July, 2018
Order uploaded on 06th July, 2018
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