Final Order 1

Order Details: Other
Pdf Text: 52 Dt: 24.02.2020
SUM 133/17
@ CHS 1211/19
@ SJ 166/17
...SUM 133/17
@ CHS 1211/19
@ SJ 166/17
CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
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.
Adjd for compliance to 18062020
Judge
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