Order 1

Order Details: Chamber summons
Pdf Text: MHCC010048272018
CNR NO. MHCC010048272018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.719 OF 2018
IN
SUIT NO.7575 OF 2002
(HIGH COURT SUIT NO.1476 OF 2002)
1. Nanabhoy Jeejeebhoy Ltd. & Anr. ] … Plaintiffs
V/s.
Sumitar Singh (Since Deceased) ]
1a.Mrs. Kulwant Kaur S. Mankoo ]
Widow of Sumitar Singh Mankoo & Ors. ] ....Defendants
Appearances :
Ld. Adv. Mr. Abhishek Tripathi for plaintiffs.
Ld. Adv. Mr. Girish Kedia for defendants.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 4th March, 2022
ORAL ORDER
1. The present Chamber Summons is taken out by the plaintiff
for amendment in the pleadings. It was submitted by the plaintiff that
the above suit is filed for vacant possession of the suit property from the
defendant and for mesne profits and compensation. During the
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pendency of the suit the defendant had taken oral objection that suit
property was not properly described. The plaintiffs thereafter, came to
know that the CTS number of the said land has been changed as per the
order of Collector, the plaintiff therefore filed the present Chamber
Summons for amendment in the plaint. The plaintiff received the copy
of amalgamation, thereafter, the plaintiff filed the present application.
It was submitted that it is necessary to incorporate the proposed
amendment as per the schedule in the plaint for determining the real
controversy between the parties and hence the application be allowed.
2. The defendants filed their affidavit in reply and submitted
that the proposed amendment is vague. The issues are framed and the
plaintiffs have filed their affidavit of evidence. The trial in the suit has
been commenced and therefore, the proposed amendment be allowed
to be taken on record. It was submitted that the plaintiff earlier also
filed the similar application but had not carried out the proposed
amendment and therefore, the second amendment cannot be asked for
and hence Chamber Summons be dismissed.
3. Inspite of sufficient opportunity both the Advocates for
plaintiff and defendants failed to argue on the Chamber Summons and
therefore the Chamber Summons is decided without arguments of the
Advocates. Perused the proposed amendment and the reply of the
defendants. It was submitted by the plaintiff that due to amalgamation
of the suit property in another property, the plaintiff intends to carry
out the amendment. The proposed amendment is necessary in view of
change in the description of the entire land pursuant to the Order dated
27.04.2012 passed by the Collector. The Advocate for defendant raised
objection that the trial has been commenced. It seems that the present
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suit is for the vacant and peaceful possession of the suit property. It is
therefore necessary that the proper description of the suit property
should come on record. In order to decide the real controversy between
the parties, it is necessary that the description of the suit property
should be included in the plaint. It seems that the plaintiff has filed his
evidence of affidavit however, the witness is yet to be crossexamined
and therefore, no prejudice will cause to the defendant. The defendant
can crossexamine the witness. However, if the proposed amendment is
not allowed, it will be the plaintiff who will suffer greater hardship as
compared to that of defendant. It also seems that the application for
amendment is filed at a subsequent stage however, in order to decide
the matter on merits the proposed amendment is necessary. I,
therefore, proceed to pass the following Order:
ORDER
1. Chamber Summons No.719 of 2018 is allowed subject to cost of
Rs.3000/ to be deposited within one month of this order.
2. On depositing the costs the plaintiff shall carry out the
amendment a proposed as per the schedule within 14 days of
depositing the cost.
3. The plaintiff shall file the amended copy of the plaint after
compliance.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 04032022 City Civil Court, Gr. MUMBAI
Dictated on : 04032022
Transcribed on : 04032022
checked on : 04032022
Signed on : 05032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
05.03.2022 at 04.15 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
04.03.2022
Judgment/order signed by P.O. on 05.03.2022
Judgment/order uploaded on 05.03.2022
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