Date: 16-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Advocate Ms. Doshi for Plaintiff present and filed affidavit of service of NM, t.o.r. She also filed registered Notice of Motion no.2918/2019 with affidavit in support, t.o.r.
None present for Defendants.
It is made clear that if on next date Defendant will not file NM reply, NM will be decided by the Court by hearing Plaintiff\''s advocate.
Case is adjourned to 14/10/2019 for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Advocate Kameela Diler for Plaintiff present
None present for Defendant.
Heard Plaintiff\''s advocate about Notice of Motion no.2918/19. Plaintiffs advocate submitted that issue nos.1,5 and 6 are necessary to be clubbed together to save time of the court. Further, Plaintiffs advocate submitted that in view of pleadings from para no.20 of plaint and 26 of Written Statement, additional issue is necessary to be framed.
I have perused plaint and Written Statement and issues framed by my learned predecessor on 31/08/2017. I have given serious consideration to the submissions made by Plaintiff. If issue nos.1,5 and 6 will be clubbed together, one complicated issue will come into existence and therefore prayer to that effect can not be granted, because if the complicated issue will be framed parties will be unable to prove and disprove those issues contending that due to framing of complicated issue, they were unable to understand crux of the matter.
However on perusal of para no.20 of the plaint and para no.26 of Written Statement, I find that additional issue as prayed by the Plaintiff can be framed, however issue is necessary to be framed in the language of the court and not in the language given by Plaintiff. Further, one more additional issue is necessary to be framed in view of contentions raised in para no.26 of Written Statement, hence following additional issues are being framed.
ADDITIONAL ISSUES
1. Do the Defendants prove that Plaintiff was under an obligation to finally decide price of suit flat and to make full payment on or before 07/04/2006 and said time was extended till 30/04/2006
2. Do the Defendants prove that inspite of request made by Defendants on 28/04/2006 to Plaintiff and her husband they had not adhered to their promise and they have not made payment as decided.
Further, as pointed out by Plaintiff in the Notice of Motion corrections are being made in issue nos.2 and 10 in respect of the spelling mistakes related to the words \''token\'' and \''reliefs\''.
In view of above observations, I proceed to pass following order-
ORDER
Notice of Motion no.2198 of 2019 is partly allowed. Prayer for clubbing of issues nos. 1,5 and 6 stands rejected and 2 additional issues are being framed. So also corrections is being made in issue nos.2 and 10.
Case is adjourned to 22/11/2019 for evidence of Plaintiff.
Nature Of Disposal: ALLOWED
Disposal Date: 14-10-2019