Date: 20-07-2019
Business: court is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. for plaintiff present.
KB
LO
Plff present. Adv. Bindra for plaintiff present.
Adjd. to 05.10.2019 for reply
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. Prasad Pathare for plaintiff present.
None for deft.
Heard adv. for plaintiff on ch/s.
KB
LO
Adv. Pandey for deft. Present.
Heard on Ch/s
Adjd. to 05.11.2019 for compliance.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Anmas for plaintiff present.
Adv. Pramod Pandey for deft. Present.
Court is busy in passing order in other matter, hence adjd. to 13.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Ms. Alamas present for the plff.
None present for the Deft
Adj. For Re-argument on CS 1211/19 on 07/02/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Pathare for plaintiff
Adv. Pandey for defendant
The defendant refused to file his reply to Ch/s 1211/19. Hence, the ch/s to proceed without reply of the defendant.
Heard arguments on behalf of both the parties on Ch/s, the defendant resisted contending that there cannot be amendment to the Summons for Judgment.
Adjd for order of Ch/s to 24-02-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Pathare for plaintiff
Adv. Shah for defendant
Heard arguments on behalf of both the parties on the chamber summons. The amendments sought are requesting to carry out corrections in numbers of the amounts and consequential amendments. The plaintiff is reducing the claim. Considering the contents of the Chamber summons and the arguments the amendment is necessary so as to have clear and correct figures of the amounts without any miscalculations. Therefore, the amendment is necessary to determine material controversy between the parties. The same will no change nature of the suit. As regards the amendment in summons for judgment, the Ld advocate for defendant argued that amendment cannot be carried out in the summons for judgment. However, the summons for judgment is part and parcel of the proceeding. By use of inherent powers amendments can be permitted in the summons for judgment also. Considering these circumstance ch/s is allowed, permission is granted to carry out amendments as prayed in the plaint as well as the summons for judgment. The plaintiff to carry out the amendment on or before next date. On carrying out the amendment the question regarding refund of court fees be considered. The plaintiff to serve the copies of amendments or to carry out amendments in the copies of the defendants.
Nature Of Disposal: ALLOWED
Disposal Date: 24-02-2020