Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Dubey for plaintiff present.
None for deft.
ORDER IN CH/SUM NO.1374/2019
Heard. None present for defendants although defendants have filed the reply. The respondent in the
matter in-spite of service failed to appear. The contention for the Ld. Counsel for plaintiff is that
deft. nos.1 and 2 filed written statement and alleged that suit premises consisting of ground and
upper portion was sold by them to Mrs. Nasreen Fatima pursuant to the affidavit dated 01.06.2018
by deft. no.2. The defendants also alleged that the father of plaintiff and deft. no.1 executed will
dated 07.02.2012 and affidavit dated 02.08.2010 in favour of deft. no.1. Plaintiff submitted that the
very fact came to the knowledge of plaintiff after written statement of defendants. He would submit
that those facts are required to be brought on record. The deft. vide their reply submitted that the
plaintiff wish to fill the lacuna in the pleadings. They would submit that the Ch/sum be dismissed.
The plaintiff wish to amend the plaint on the facts which came to the knowledge of plaintiff as per
the written statement of deft. nos.1 and 2. The proposed amendment does not change the nature of
the suit. The plaintiff wish to bring on record the fact of transfer of suit property to the respondent
by the defendants. The proposed amendment would curb the multiplicity of proceedings. There is
nothing to demonstrate that the proposed amendment is malafide. If the plaintiff is permitted to
amend the plaint, no prejudice would be caused to the defendants. Trial has not commenced and
therefore, in order to avoid further future complications, the Ch/sum needs consideration and hence,
it is expedient to pass the following order.
ORDER
1. Ch/sum no.1374/2019 is made absolute in terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment as per the schedule to the Ch/sum within two weeks
from today.
3. Plaintiff after the amendment to provide amended copy on record and to the defendants.
-- 1 of 1 --