Final Order 2

Order Details: Chamber summons
Pdf Text: 1 CS No.1387-2019 in SCSU 1936-2019
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.1387 OF 2019
(CNR No.MHCC01-007698-2019)
IN
SHORT CAUSE SUIT NO.1936 Of 2019
(CNR No.MHCC01-006322-2019)
Surekha Jeevan Gaikwad, }
Age : 75 years, }
R/o. Room No.152, 2nd Floor, }
Krishna Nagar, Dr.B.A.Road, }
Parel(E), Mumbai-400 012. }...PLAINTIFF.
Versus
Samiullah Eshanullah Khan } ...DEFENDANT.
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Shri.Kaustubh Patil, learned advocate for the plaintiff.
Shri.Vijay Dube, learned advocate for the defendant.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.NO.9)
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O R A L O R D E R
(Delivered on 25/02/2021)
1. By filing this Chamber Summons, plaintiff has prayed to
allow her to replace the name of defendant as Samiullah Eshanullah
Farooki from Samiullah Eshanullah Khan.
2. Read the affidavit filed in support of Chamber Summons
and affidavit-in-reply filed by defendant. Heard learned Shri.Kaustubh
Patil advocate for plaintiff and learned Shri.Vijay Dubey advocate for
the defendant. Perused the entire record.
3. In the title clause of the plaint, plaintiff has mentioned the
name of defendant as Samiullah Eshanullah Khan. Admittedly, name of
the defendant is Samiullah Eshanullah Farooki. As is rightly pointed out
by learned advocate for the defendant, correct name of the defendant is
available in the copy of plaint in LD Suit which is produced on record by
the plaintiff herself with the plaint.
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2 CS No.1387-2019 in SCSU 1936-2019
4. In the affidavit filed in support of the Chamber Summons,
plaintiff has stated that name of the defendant is wrongly written as
Samiullah Eshanullah Khan instead of Samiullah Eshanullah Farooki. It
does not appear from the roznama dt.10/06/2019 and of other dates
that plaintiff has tried to obtain any ad-interim relief in her favour by
mentioning wrong name of the defendant. On the other hand, roznamas
show that Chamber Summons for correcting the mistake is taken out
immediately without delay. Having regards to those aspects, this court is
satisfied that the mistake occurred in mentioning incorrect name of the
defendant is not deliberate but it is a bonafide mistake and hence,
granting of permission to the plaintiff to correct the said mistake will
not cause any prejudice to the defendant especially because, any
interim order is not passed in favour of the plaintiff by this court till
date. Thus, an order.
O R D E R
Chamber Summons No.1387 of 2019 is allowed in terms of its
prayer clause (a).
Plaintiff to carry out the amendment as per the schedule within
two weeks from today and shall serve the copy on the defendant of the
amended plaint.
Date : 25/02/2021. (P.P.RAJVAIDYA)
Dictated on : 25/02/2021. Judge, C.R.No.9
Checked on : 25/02/2021. City Civil Court,
Signed on : 25/02/2021. Mumbai.
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3 CS No.1387-2019 in SCSU 1936-2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
01.03.2021 at 11.45 a.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.09)
Date of pronouncement of Order 25/02/2021.
Order signed by P.O. on 25/02/2021.
Order uploaded on 01/03/2021.
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