Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 970/2019 ..1.. In S.C. Suit No.343/2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 970 OF 2019
IN
S.C. SUIT NO. 343 OF 2019
CNR NO : MHCC01-005105-2019
Deepak Ganpat Bait,
Aged : 59 Years, Occ. : Retired,
Residing At : 614, Manik,
6th Floor, S. J. Road, Lower Parel,
Mumbai - 400 013. ...Plaintiff.
Versus
1. Rajendra Ganpat Bait,
Aged : 50 Years, Occ. : Service,
Residing At : Room No. 98/89,
Pardiwala Building, Sitaram Jadhav
Marg, Lower Parel (West),
Mumbai - 400 013.
2. Shobha Dilip Bandre,
Aged : 55 Years, Occ. : Service,
Residing At : Shindewadi,
Palav Marg, Dadar,
Mumbai - 400 014.
3. Renaissance Homes,
Residing At : 203/204,
Orbit Plaza, 2nd Floor,
Sonawala Building, Shindewadi,
Palav Marg, Dadar,
Mumbai - 400 014. ...Defendants.
Appearance :-
Mr. Sanad Desai, Advocate for Plaintiff.
Mr. Abhishek Tripath i/b Mr. Yatin Shah, Advocate for Defendant No.1.
-- 1 of 4 --
Chamber Summons No. 970/2019 ..2.. In S.C. Suit No.343/2019
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 10TH FEBRUARY, 2021.
ORAL ORDER
The plaintiff has sought corrections in the plaint as
described in the schedule on the ground that, the word ‘plaintiff” is
wrongly typed in the place where the reference to defendant No. 1 or 2
has to be made. The corrections are sought in the light of documents
on record. The errors are due to typographical mistakes and there was
no intention to make such statements in the plaint.
2. Though the defendants have not filed reply, advocate for
defendant No. 1 submitted that, the plaintiff is trying to correct alleged
mistakes in order to change the story in the plaint and so he has
objection.
3. Perused. Heard.
4. Perusal of the plaint reveals that, in paragraph 6, page No.
5 in line No. 3 from the top, it is alleged that the plaintiff has sent a
notice which is at Exh.B to the plaint. The notice at Exh.B to the plaint
reveals that, it is issued to defendant No.1 by defendant No.2. In view
of this, the correction sought to allege that notice Exh.B is sent by
defendant No. 2 is in accordance with the documents and can be
allowed.
-- 2 of 4 --
Chamber Summons No. 970/2019 ..3.. In S.C. Suit No.343/2019
5. The correction sought in same paragraph on page No. 5 in
8th line from the top refers to Exh.C which is a copy of reply by
defendant No. 1 to defendant No. 2. Considering this aspect, the
correction sought to mention that, the allegations were levelled against
the defendant No. 2 and the rights of defendant No. 2 and plaintiff were
denied, is also in accordance with the documents on record and thus
can be allowed
6. The correction sought in paragraph No. 9 on page No. 6 is
in respect to assertion of relief sought against the defendants and so the
correction to replace the word ‘plaintiff’ by ‘defendant No. 1’ is to be
allowed to make the plaint meaningful. In view of this the objections
raised by the defendant No. 1 cannot be considered. Moreover, the
corrections are sought at pretrial stage. Hence, following order:-
ORDER
1. Chamber Summons No. 970/2019 is made
absolute in terms of prayer Clause (a).
2. The plaintiff shall carry out the corrections
within two weeks from today.
3. The plaintiff shall serve the copy of plaint on the
defendants and shall submit a typed copy of
corrected plaint in the Court, for the purpose of
decree, on or before next date.
4. Costs in cause.
(AJIT N. MARE)
Judge,
Date : 10.02.2021 City Civil Court, Gr. Mumbai.
Dictated On : 10.02.2021
Transcribed on : 11.02.2021
HHJ Signed on : 12.02.2021
-- 3 of 4 --
Chamber Summons No. 970/2019 ..4.. In S.C. Suit No.343/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
12.02.2021 6.00 p.m. Mahendrasing D. Patil
(Stenographer (Grade-I)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No.3)
Date of pronouncement of Order 10.02.2021
Order signed by P. O. on 12.02.2021
Order uploaded on 12.02.2021
-- 4 of 4 --