Final Order 1

Order Details: Other
Pdf Text: 02.11.2018
SU603/18
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Plff.and Adv.Mr.Amrendra Zha for Plff.present.
Deft.no.1 present. Adv.absent.
He filed reply to Ch/s t.o.r.
Heard both the sides in Ch/s No.697/2018.
Order below Ch/s No. 697/2018
Perused summons which is supported by an affidavit. Also peruse reply
and rejoinder. Heard. The Ld.adv.for the plaintiff submitted that
document at Clause(a)(i), (iii), (iv) and (v) are not in custody of the
plaintiff. Except those documents plaintiff is directed to give inspection
of the documents mentioned in clause (a) to the defendants.
ORDER
1 Chamber summons No.697/2018 is allowed and made absolute
in terms of prayer clause (a).
2 Chamber summons is disposed of accordingly.
Heard both the sides in Ch/s No.1744/2018.
Order below Ch/s No. 1744/2018
Perused summons which is supported by an affidavit. Also perused
reply. Heard. On perusal of the proposed amendment, the plaintiff
intends to incorporate the facts which has taken place during the
pendency of the suit. In my opinion, the propose amendment is
necessary to determine the real questions in contraverse between the
parties. If amendment is allowed, it is not going to change the nature
of the suit. Moreso, to avoid multiplicity of proceedings and
considering the scope of Order 6, Rule 7 of the C.P.C., I pass the
following order.
ORDER
1 Chamber summons No.1744/2018 is allowed and made absolute
in terms of prayer clause (a).
2 The plaintiff to carry out the amendment within two weeks and
shall supply the copy of amended plaint upon the defendants
within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Order below N/m No.3592/18
Notice of Motion is not pressed by adv for plaintiff with liberty to
take out the fresh. Hence N/m No.3592/18 stands disposed of as
withdrawn. It be removed from Board.
Both the parties are consented to refer the matter for mediation.
As per the provisions of Section 89 of the C.P.C.this matter is referred
for mediation. Parties to the suit to take note that mediation is the
confidential process and it is in the interest and the benefit of the party.
Parties to take note that mediation process is in good faith. Both the
parties and their Ld.advocates have consented for referring the matter
for mediation. Parties to attend the District Mediation Center on
16.11.2018 at 11.00.am.
Adjd.for Mediator's report on 21.12.2018.
Judge
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