Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.1228/2019 1 Suit No.3684/13
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1228/2019
(CNR No.MHCC010068882019)
IN
S.C SUIT NO.3684/2013
Mrs. Sheetal Vijaykumar Kharat & anr. .. Plaintiffs
V/s.
Smt. Shakuntala Davare and Ors. .. Defendants
AND
Smt. Ruchita Sunil Suryavanshi & Anr. .. Respondents.
Appearance :
Ld. Adv. Ms Ankita Upadhyay for plaintiffs.
None for defendants.
CORAM : HHJ Shri V.V Vidwans
C. R. No.03
DATE : 26.11.2019.
ORAL ORDER
1. This chamber summons(C/S) is taken out by plaintiff no.2
for carrying out amendment in the plaint as per schedule given along
with C/S. The C/S is supported by an affidavit of Smt. Jyotsna Das
(defendant no.2).
2. I have heard Ld Adv. Ms. Ankita Upadhyay for the plaintiff
no.2. She submitted that, by the present C/S the plaintiff wants to
transpose plaintiff no.1 as defendant in the suit as it appears that, she is
not interested to prosecute the suit. Similarly, defendants no.1,2 and 7
and respondents no.1 and 2 in the C/S have been duly served but they
remained absent and the C/S has proceeded exparte against them.
Defendants no.4 to 6 have not been served as returned unserved with
remarks that, they were not residing at the given address. Under the
-- 1 of 3 --
C/S No.1228/2019 2 Suit No.3684/13
above circumstances, the plaintiff no.2 do not want to proceed against
defendants no.4 to 6 as they are relatives and formal party to the suit.
3. Ld Counsel for the plaintiff no.2 further submitted that, by
proposed amendment in the C/S, the plaintiff wants to add defendant
no.8 Smt. Ruchita Suryawanshi and defendant no.9 Mr. Kiran Garude.
Plaintiff no.2 wants to transpose the plaintiff no.1 as defendant no.10 in
the suit and seeks to add paras 12A to 12K and wants to delete prayer
(a) and substitute with prayer clauses (a1) (a2) and (a3); delete
prayer (b) and substitute with prayer clause (b1); delete prayer (c)
and substitute with prayer clause (c1); delete prayer (d) and substitute
with prayer clause (d1) and delete prayer (e). It is submitted that the
above amendment is necessary for just and proper decision in the suit.
The amendment is sought at the earliest possible opportunity and it do
not change the nature of the suit. Hence, C/S deserves to be allowed.
4. After going through the C/S supported by the affidavit of
plaintiff no.2 and after considering the submission made by Ld. Counsel
for plaintiff no.2, I am satisfied that, the proposed amendment is legal
and proper and deserves to be allowed, in the interest of justice. Hence,
following order:
ORDER
1. Chamber Summons No.1228/2019 is hereby
allowed. The suit as against defendants no.4 to 6
stands dismissed for want of prosecution.
2. Plaintiff no. 2 is permitted to carry out
amendment in the plaint as per schedule annexed
with the C/S within two weeks from today.
3. The plaintiff shall file amended copy of plaint on
-- 2 of 3 --
C/S No.1228/2019 3 Suit No.3684/13
record within two weeks thereafter and serve the
copy on other side as per procedure.
C/S stands disposed of accordingly.
(V.V. Vidwans)
Judge, City Civil Court,
Date: 26.11.2019 Gr. Bombay (C.R. 03)
Dictated on : 26.11.2019
Typed on : 27.11.2019
Signed by HHJ on : 30.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 30.11.19
TIME: 5.43 pm (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R. 03)
Date of pronouncement of Judgment/ Order 26.11.19
Judgment/ order signed by P.O on 30.11.19
Judgment/ order uploaded on 30.11.19
-- 3 of 3 --