Final Order 1

Order Details: Chamber summons
Pdf Text: 29
12/07/2023
SUIT
341/17 @ CS
1490/19 @ SJ
240/17
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Borade for plaintiff is present.
Defendants and their counsel are absent.
Order on CS No. 1490/19
This Chamber Summons is moved for amendment in the
plaint. By filing the reply by defendants No.1, 2, 4 and 5, the
Chamber Summons is resisted and prayed for dismissal.
Perused the Chamber Summons and the reply. Heard the
counsel for the plaintiff. The defendants and their counsel
are absent. By taking into consideration submission of
counsel for the plaintiff and going through the Chamber
Summons and reply, I proceed to decide Chamber Summons.
On going through the Chamber Summons and affidavit filed
in support of the Chamber Summons, it is found that though
it is submitted that the proposed amendment is mentioned in
para No.5 of the Chamber Summons, the plaintiff has not
shown the proposed the amendment distinctly. Contents of
the para No. 5 of the Chamber Summons do not show what
exactly the amendment is proposed in the plaint. Because of
not showing the proposed amendment distinctly, there would
be difficulty and confusion in carrying out the proposed
amendment. Such Chamber Summons cannot be allowed.
Hence, CS is hereby dismissed.
At this stage, in view of the submission of the counsel for the
plaintiff, liberty is given to the plaintiff to file CS afresh for the said
purpose.
Matter is adj to 17.10.2023 for SJ hearing.
Judge
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