Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1856/19
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1856/2019
IN
S.C. SUIT NO.5042/2012
Sachin Ramakant Parab ..Applicant
In the matter between ;
Shri Sachin R. Parab and Ors. ...Plaintiffs
V/s.
Shri Satinsh Sitaram Parab and Anr. .. Defendants.
Appearances :
Adv. Mukund R. Jalgaonkar for plaintiff.
Adv. VIjay Kokitkar for deft.nos.1 and 2.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 03
Date : 12.10.2021.
ORDER
1. The plaintiffs by filing instant Notice of Motion seeking
recall of order dated 21.4.2014 by which the suit was dismissed against
defendant no.3 as the plaintiff failed to serve the defendant no.3.
2. Heard Ld Advocate for the plaintiffs. He has contended
that, due to mistake in the name of defendant no.3 , suit summons were
not served upon her.
3. The aforesaid fact is also contended in the reply of the
defendant no.1. The defendant no.1 specifically contended that,
defendant nos. 3 and 4 were not duly served. As there was mistake in
the name of the defendant no.3, there was no affidavit service upon her.
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2 NM 1856/19
4. Thus, looking to the aforesaid material, I am of the view to
allow the plaintiff to serve afresh upon the defendant no.3 by making
necessary amendment in the plaint. Thus, following order :
ORDER
1. Notice of Motion No. 1856/2019 is allowed in terms of prayer
clauses (a) and (b).
2. The order dated 21.6.2014 is set aside.
3. Issue fresh writ of summons upon defendant no.3.
4. Plaintiffs to bear the costs of Motion.
5. Notice of Motion is disposed of accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 12.10.2021 Greater Bombay.
Dictated on : 12.10.2021
Typed on : 12.10.2021
Signed on : 14.10.2021
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3 NM 1856/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
14.10.21, at 2.45 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 12/10/2021
JUDGMENT/ORDER signed by P.O. on 14/10/2021
JUDGMENT/ORDER uploaded on 14/10/2021
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