Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 1287 of 2019 in Suit No.3096 of 2012
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1287 OF 2019
IN
SUIT NO. 3096 OF 2012
(CNR NO. –)
SHEOKUMAR V. PANDEY …. Plaintiff
Versus
ARUNKUMAR V. PANDEY AND ORS. ….Defendant
Appearance:
Adv. Mishra for the Plaintiff present.
Adv. S. R. Yadav for Defendant No. 1
Adv. Meena Zar for defendant No. 2 to 5
CORUM : HER HONOUR JUDGE
MS. S. P. PONKSHE.
(C.R.NO.12)
DATE : 18th JULY 2019
ORAL ORDER
1) This chamber summons has been taken out by the
plaintiff for allowing the plaintiff to amend the plaint as per the
schedule annexed to the chamber summons. The plaintiff has
filed affidavit in support of Chamber summons.
2) Defendant No. 2 to 5 have given no objection to
allow the Chamber summons. Defendant No. 1 has resisted this
Chamber summons and objected for proposed amendment. It is
contended that this Chamber summons has been taken out after
framing of the issues. Hence prayed for dismissal of chamber
summons.
3) Heard Ld. Adv. for plaintiff and Defendant No. 1.
Perused proposed amendment. It appears that after filing of the
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CS No. 1287 of 2019 in Suit No.3096 of 2012
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suit defendant No. 6 has completed the construction of the
building and alloted flat No. 1801 in the newly constructed
building, in lieu of suit flat No. 73. Thus proposed amendment is
the subsequent event occurred during the pendency of the suit. If
proposed amendment is allowed no prejudice will be caused to
defendant No. 1. and even the nature of the suit will not be
changed. Hence chamber summons is to be made absolute. With
this I proceed to pass the following order.
ORDER
1. The Chamber summons is made
absolute in terms of prayed clause (a)
and (b).
2. The plaintiff is directed to carryout
amendment on or before next date and
further directed to place on record
amended copy of the suit plaint and
furnish amended copy of the plaint to
defendant No. 1.
3. Accordingly Chamber Summons
stands disposed of.
(S.P. PONKSHE)
Date : 18/07/2019 Addl. Sessions Judge,
City Civil Court,
Greater Mumbai.
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CS No. 1287 of 2019 in Suit No.3096 of 2012
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Dictated on : 18/07/2019
Transcribed on : 18/07/2019
Signed on : 18/07/2019
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
19/07/2019 : 5.00 pm Mr. M. M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.P. Ponkshe
(CR no. 12)
Date of pronouncement of Judgment/ : 18/07/2019
Order
Judgment/Order signed by the P.O. on : 18/07/2019
Judgment/Order uploaded on : 19/07/2019
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