Final Order 1

Order Details: Other
Pdf Text: 26.09.2019
SU 1224/14
Ch/s 938/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Rupali Sathe for plaintiff present.
Adv. Patankar for all defendants present.
Defendant No.2 present.
Heard arguments of counsel for parties in relation to Chamber Summons
No.938/2019.
ORDER BELOW CHAMBER SUMMONS NO.938 OF 2019
Perused chamber summons, affidavit in support of it, reply of defendant No.2.
Heard respective counsel for parties.
Chamber summon is taken out by the plaintiff to incorporate description of the
subject matter/suit property in plaint para 1 a per schedule annexed to chamber
summons and also wants to annexed detail maps to the plaint.
Defendant No.2 opposed chamber summons on the count that location of suit
property mentioned in schedule annexed to chamber summons is not substantially
correct and if chamber summons is allowed then it will cause prejudice to defendants
as written statement already have been filed by them.
It is to be noted that chamber summons is taken out when suit has been posted for
framing of issues. So, trial is yet not commenced. Now, so far as amendment is
concerned; plaintiff wants to incorporate description of suit property and its
dimensions and also wants to annex maps showing suit property. It is to be noted that
while deciding amendment application merits or demerits of the amendment cannot
be considered so contention of defendants that description of suit property in
proposed amendment is not substantially correct, cannot be considered at this stage. It
is pertinent to that in view of provision of Order VII Rule 3 of CPC was as per the
Bombay Amendment where subject matter of suit is immovable property, the plaint
shall contained a description of the property sufficient to identify it, and, in case such
property can be identified by the boundaries or numbers in a record of settlement or
survey, the plaint shall specify such boundaries or numbers. In case encroachment a
sketch showing as approximately as possible the location and extent of encroachment
shall also be filed along with the plaint. It seems that plaintiff wants to incorporate
description of suit property and annexed the sketch of suit property in compliance of
above referred provisions. Therefore, I am inclined to allow chamber summons.
Hence, pass following order.
ORDER
1. Chamber Summons No.938 of 2019 is allowed and made absolute in terms of
prayer clause (a).
2. Plaintiff has to carry out amendment as per schedule annexed to chamber
summons within period of 14 days from the date of this order and copy of amended
plaint be placed on record and also be served on other side.
3. Accordingly, chamber summons is disposed off.
Adjd. for compliance to 18.10.2019.
Judge
-- 1 of 1 --