Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1177 OF 2019
IN
SUIT NO. 1151 OF 2017
(CNR NO. MHCC01-006577-2019)
Dr.Panna Bharat Ruparel ...Plaintiff
V/s.
1. Mrs. Manjula Mulji Ruparel & Ors. ...Defendants.
Appearances:
Ld. advocate Jaydev Trivedi for plaintiff.
Ld. advocate Giriraj for defendant nos. 3 to 5.
Ld. advocate Samhita Vinod for defendant no.6.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 24/09/2021.
ORDER
This is a chamber summons taken out by the plaintiff for making
amendment in the plaint. The defendant nos. 3 to 6 have filed their
reply. The defendant nos.1, 2 and 7 have not filed their reply on
chamber summons.
2. Read the present chamber summons, reply filed on behalf of the
defendants. Heard both the learned counsels on behalf of both the sides
at length.
3. The learned counsel on behalf of the plaintiff has submitted that
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the plaintiff wants to make amendment in the suit by adding the facts
which are mentioned in the schedule-I and schedule-II alongwith
chamber summons. If the proposed amendment is to be allowed then
nature of the suit will not be changed. The proposed amendment in
supportive facts and questions of law has remained to be raised in the
plaint. No new cause of action is also being brought in and the proposed
amendment is nothing but additional grounds and the facts sought to be
incorporated to support earlier cause of action. The proposed
amendments are not inconsistent to averments made in the plaint.
4. The learned counsel on behalf of defendants have submitted that
the proposed amendment is filed on behalf of the plaintiff only for
prolonging the matter. The proposed amendment is filed at the very late
stage of framing issues and just starting the evidence. If at this stage the
proposed amendment is to be allowed, then the nature of the suit will
be changed and it will cause to the defendants. Therefore, the present
chamber summons taken out by the plaintiff is liable to be dismissed.
5. On scrutiny of the present chamber summons and say of the
defendants thereon and after hearing the arguments advanced on
behalf of both the sides at length and on perusal of the record, it
appears to me that yet issues are not framed. If the proposed
amendment is to be allowed, then the nature of the suit will not be
changed. It will not cause to the defendants, but for deciding the real
controversy in between the parties, it is just and proper for allowing the
present chamber summons. Therefore, I inclined to allow this chamber
summons taken out by the plaintiff. Hence, I proceed to pass following
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order.
ORDER
1. Chamber Summons No.1177/2019 is hereby allowed as prayed for.
2. The applicant and her advocate are hereby directed to carry out
proposed amendment as prayed within stipulated period.
3. Chamber Summons No.1177/2019 is disposed off accordingly.
Sd/-
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :24/09/2021. Gr. Mumbai
Dictated on: 24/09/2021
Transcribed on:24/09/2021
HHJ signed on 24/09/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
27/09/2021 at 11.00 a.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
24/09/2021
Judgment/order signed by P.O. on 24/09/2021
Judgment/order uploaded on 27/09/2021
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