Order 1

Order Details: Chamber summons
Pdf Text: C/S 1083/18 in Suit 677/16 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1083 of 2018
IN
SUIT NO.677 of 2016
Mr. Gilder Anthony D'silva ..Plaintiff
V/s.
Mrs. Monica Julies Kinny and ors. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 26th October, 2018
(C.R.No.19)
Adv. A. A. Patel for the plaintiff.
Adv. Vaishali Ugle for defendant nos.1 to 3, 5 and 6.
ORAL ORDER
1. At the stage of settlement of issues, in a suit for partition,
the plaintiff took out this Chamber Summons in order to add some
more properties owned by the grandfather of the plaintiff and
defendants which were remained to be added in the plaint. The
plaintiff states the reason for not including the proposed properties
originally in the plaint as “due to oversight”.
2. The defendants in their affidavit in reply objected the
Chamber Summons mainly on the ground of due diligence. The
defendants also raised the question of limitation. They also dispute the
ownership of the proposed properties.
3. I have considered the submissions on behalf of both the
parties. Perused the application. At the outset, the issues have not
-- 1 of 3 --
C/S 1083/18 in Suit 677/16 2
been settled in this case. This is not the stage to get into the merits of
the ownership of the property as to whether the proposed properties are
owned by grandfather of the plaintiff and defendants or by the father of
the defendants. In a suit for partition, it is well settled that the subject
matter for the partition shall include all the properties for which the
partition is claimed. The Hon'ble Bombay High Court in the case of
Govindrao s/o Gangaramji Ajmire V/s Dadarao @ Shrawan s/o
Gangaramji has held that the suit is not maintainable without bringing
the entire joint family property in common hotchpotch. Furthermore,
there is no question of limitation in a partition suit. In such
circumstances, in view of the stage of the suit and in view of the
necessity of law to include all the properties in the suit for partition, I
allow the Chamber Summons, however, subject to costs of Rs.3,000/.
Hence, I pass the following order :
ORDER
1) Chamber Summons No.1083/2018 is made absolute in terms of
prayer clause (a), subject to costs of Rs.3,000/ to DLSA.
2) Plaintiff to carry out the amendment within eight days from
today.
26/10/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 26/10/2018
Transcribed on : 26/10/2018
Signed by HHPJ on : 26/10/2018
-- 2 of 3 --
C/S 1083/18 in Suit 677/16 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 26th October, 2018 (At 05.43 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 26th October, 2018
Order signed by P.O. on 26th October, 2018
Order uploaded on 26th October, 2018
-- 3 of 3 --