Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW APPLICATION EXH.26
In
S. C. SUIT NO.2617 OF 2019
Chandrakant Keshvalal Shah … Plaintiff
Versus
R.V. Technical School … Defendant.
APPEARANCES :
Adv. Ritika Mohanka h/f. Adv. Jagdish Nagar & Associates for plaintiff.
Adv. Sachin Kadam for Defendant.
CORAM : AMIT ANANT LAULKAR
JUDGE
(C.R. No.66)
DATE : 05th MAY, 2026
ORDER
1. Post framing of issues, defendant moved present
application for framing additional issue regarding limitation.
2.
Per defendant, the plaintiff has filed present suit for
desired reliefs which are more specifically detailed in the plaint. It is
urged in the written statement that suit is barred by law of limitation as
the suit transaction took place in the year 2013 and suit is filed in the
year 2019. The issues are framed on 04.01.2023. However, issue
regarding limitation is not framed and said issue is necessary. At the
end, defendant craves for framing additional issue regarding limitation.
3.
Combating stance, the plaintiff raised potent objection for
framing additional issue regarding limitation by filing reply.
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(2)
4. Heard both sides at length. I have pondered over entire
record minutely.
5. Vide Order XIV Rule 5 of the Code Of Civil Procedure,
courts have loud discretionary power to amend or frame additional
issues at any time before passing a final decree. These issues must arise
from the existing pleadings, documents, or allegations of the parties to
ensure proper adjudication of the suit. While issues are typically settled
at the first hearing, additional issues can be introduced late in the
proceedings, even during arguments, if necessary for justice. The court
is not bound to frame every suggested issue; it will only do so if it finds
the issue crucial for resolving the dispute and if it does not cause serious
prejudice to the opposing party. Having pore over pleadings, there are
material proposition facts before the court to frame the issue of
limitation. Thus, I believe, the application deserves approval and
additional issue needs to be framed regarding the limitation.
Ergo the
order.
ORDER
1 Application (Exh.26) is allowed.
2 Following additional issue is postulated as Issue No.5 along-with
issues already framed by the court at Exhibit-09:-
“ Whether the suit is barred by Law of limitation? ”
3 Accordingly, Application Exh.26 stands disposed of.
(Amit Anant Laulkar)
Judge,
Date : 05.05.2026 City Civil Court,
Gr. Mumbai.
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Order (3)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
05.05.2026 5.30 p.m. B.S.Parab
Stenographer - Grade IUPLOAD DATE TIME
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. Amit A. Laulkar
Court Room No.66.
Date of Pronouncement of ORDER 05.05.2026
ORDER signed by P. O. on 05.05.2026
ORDER uploaded on 05.05.2026
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