Final Order 1

Order Details: Other
Pdf Text: 24.09.2019
SU 1003/16
NM2506/16
Ch/s 1594/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. V.T. Dubey for Plaintiff present.
Adv.Mukesh Dubey for defendant present.
KB
L.O.
Say filed by defendant to Chamber summons no 1594/19.
Order below Ch/s No.1594/19.
Read Chamber summons, affidavit in support of it and say of
defendant.
Heard respective counsel for parties.
Chamber summons is taken out by the Plaintiff to correct the father's
name of defendant.
It is contended that father's name of defendant is wrongly mentioned
as Ashfaq Ibrahim Shaikh instead of Ashfaq Imran Shaikh in the
cause title of the plaint. It is typographical mistake and came to the
knowledge of Plaintiff at the time of argument of notice of motion.
Accordingly, Plaintiff has prayed for amendment in above terms as
per schedule annexed to chamber summons.
Defendant opposed chamber summons on the count that proceeding is
taken out to harass the defendant.
I would like to mention that defendant in para 2 of written statement
has mentioned his father's name as Imran Shaikh. In my view the
amendment sought is to correct typographical error which occurred in
mentioning the father's name of defendant in cause title of the plaint.
In my view said amendment is of formal nature and does not go to the
root of matter. Therefore, I am inclined to allow chamber summons.
Hence, pass following order.
ORDER
1. Chamber summons No.1594/19 is allowed and made absolute in
terms of prayer clause (a).
2. Plaintiff is to carry out amendment in cause title of the plaint
within one week from the date of order.
3. Accordingly, Ch/s No.1594/19 is disposed of.
Adjd. for NM hearing to 07.10.2019.
Judge
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