Final Order 1

Order Details: Chamber summons
Pdf Text: Chs no.619/20 in Suit (ST) 2841/20 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER ON CHAMBER SUMMONS NO.619 OF 2020
IN
SUIT (ST) NO.2841 OF 2020
Mr. Chetan Krishna Shetty ... Plaintiff
V/s.
Mrs. Seema Chetan Shetty and Ors. … Defendants.
Advocate Mr. Rajesh Turbhekar along with Adv.Rajesh Patil for
plaintiff.
Advocate Ms. Kajal Shah for Defendant no.1.
Advocate Mr. Hemal Ganatra for Defendant no.2 to 4.
CORAM : HIS HONOUR JUDGE
SHRI K.P. NANDEDKAR (C.R.NO.09)
DATED : 11th December 2020
ORDER
1. Plaintiff has filed this Chamber summons for allowing
Plaintiff to make amendment in the prayer clause (b) of
the plaint for adding the words “Nos.1 to 4” after the
word “Defendants”. Further, Plaintiff has prayed for
allowing Plaintiff to make amendment in the plaint, para
no.34 as per the schedule annexed to the Chamber
summons.
2. Plaintiff has filed detailed affidavit in support of Chamber
summons contending that proposed amendment is
necessary for just and proper decision of the suit and it
is not going to change nature of the suit.
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3. Advocate for Defendant no.1 has filed affidavit in reply
for resisting Chamber summons in which, it is contended
that Chamber summons should not be allowed and it
should be dismissed with cost as nothing is clarified from
the affidavit filed in support of Chamber summons.
4. Advocate for Defendant nos 2 and 3 also filed affidavit in
reply of Defendants no.2 and 3 to resist Chamber
summons and it is alleged that Plaintiff is misusing the
process of law by filing this Chamber summons and it
may create hindrance in the speedy disposal of the suit.
5. Heard advocate for Plaintiff as well as advocate for
Defendant no.1 and Defendant no.2 and 3. It is
submitted by advocate for Defendant no.2 and 3 that
Defendant no.4 is unable to attend the court due to
illness and she is adopting reply filed by Defendant nos.2
and 3. Advocates for Defendants fairly submitted that
amendment sought in the plaint is of formal nature and
to avoid delay in the matter, Defendants have raised
objection.
6. Plaintiffs advocate submitted that no prejudice will be
caused to Defendants, if the Chamber summons will be
allowed and proposed amendment will be permitted.
Further, according to Plaintiff's advocate, proposed
amendment is necessary for just and proper decision of
the suit and it is sought at the earliest, hence no
question arises of delaying the matter.
7. I have given serious consideration to the arguments
made on behalf of the parties. On perusal of schedule
and affidavit of Plaintiff filed in support of Chamber
summons, it is noticed by me that the amendment
sought is of formal nature and the contentions shown in
the schedule are for referring the copy of divorce
petition filed by Defendant no.1 before family court and
in prayer clause (b) the amendment is sought only to
add the words “Nos.1 to 4” after the word “Defendants”.
As such, both the amendment is of formal nature.
Written statement is yet to be filed by Defendants,
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hence they can raise their contentions about amended
pleading also in their written statement. As such, no
prejudice will be caused to Defendants, if amendment in
question will be allowed. Hence, I proceed to pass
following order-
ORDER
1. Chamber summons no.619 of 2020 is made
absolute in terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out necessary
amendment in the plaint within stipulated time
provided in the law.
3. Plaintiff is further directed to serve the copy of
amended plaint upon Defendants as well as to file
typed copy of amended plaint for the record of the
court.
(K.P. NANDEDKAR)
Judge
City Civil Court,
Date :- 11/12/2020 Gr. Bombay.
Dictated on : 11/12/2020
Transcribed on : 11/12/2020
Signed on : 11/12/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
11/12/2020 1.30 PM DICTATED TO TYPIST
Name of the Judge Hhj shri K.P. Nandedkar (cr
no.09)
Date of Pronouncement of
Judgement/Order.
11/12/2020
Judgement/order signed by P.O on 11/12/2020
Judgement/order uploaded on 11/12/2020
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