Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101003/2019
Mahendra J. Danani - Suit St. No.4572 of 2019 Vs Shailesh Prajapati
Date : 05-11-2022
Business : Defendant No.1 present. Adv.Sagar Batavia for plaintiff
present. Adv.Pranav Devkar for both defendants present.
Adv.for defendants today complied with the order as to
payment of costs imposed on 01.10.2022 while allowing
Exh.4. The plaintiff has received said cost.
Defendant&amp#039s also tendered reply to the
chamber summons, same is taken on record and marked as
Exh.5. Copy is received by the plaintiff. The defendants also
filed written statement, same is taken on record and marked as
Exh.6. It is taken on record subject to confirmation of delay.
Order in Chamber Summons No.1003/2019 Heard learned
Advocate for the plaintiff and the defendants. Read the
affidavit in support of chamber summons and affidavit in
reply. This chamber summons is under Order 6 Rule 17 of
CPC for amendment in the plaint. It is the contention of the
plaintiff that due to oversight important documents remained
to be annexed with the plaint and therefore, the plaintiff wants
to rely on certain documents and accordingly has prayed for
permission to amend the plaint for explaining these
documents. By allowing this amendment there will be no
material change in the nature of suit. The amendment appears
to be explanatory in nature, therefore, it is just and necessary
to decide the real questions in controversy between the
parties. Hence, I pass following order - ORDER 1. Chamber
Summons No.1003/2019 is allowed subject to costs of
Rs.1000/- (Rupees one thousand only). 2. The proposed
amendment in the scheduled is allowed. 3. The plaintiff to pay
costs to the defendants and shall carry out the amendment
within stipulated time. 4. Chamber Summons No.1003/2019
is disposed of accordingly.
-- 1 of 1 --