Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1.. CS No.1746/2019
MHCC010098712019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1746 OF 2019
IN
S.C.SUIT NO.1786 OF 2018
Smt. Anita Prakash Bansode. …Plaintiff
Versus
Smt. Suman Parushamram Jadhav and another …Defendants
Appearance
Adv. Abhishek Tripathi for the planitiff.
Adv. Vipin Joshi for defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 23rd March 2022.
ORAL ORDER
Heard advocate for both parties on chamber summons moved on
behalf of the plaintiff for amendment of the plaint under Order 6, Rule
17 of the Civil Procedure Code (CPC).
2. Plaintiff wants to add paragraph no. 24(a) to (z) after para
no.24 in the plaint on the ground of subsequent events and documents
came to knowledge of the plaintiff after filing of the suit. Contention of
advocate for the plaintiff is that proposed amendment will neither
-- 1 of 4 --
ORDER ..2.. CS No.1746/2019
change the cause of action nor will widen the scope of the suit nor
defeat right of defendants in any manner. Hence he prayed for allowing
the chamber summons.
3. Contention of advocate for defendants is that proposed
amendment and documents filed with the chamber summons are not
relevant for decision of the suit. Plaintiff wants to improve his case by
way of present chamber summons with help of inadmissible documents.
Plaintiff has not mentioned how the documents subsequently came in
her possession. These documents are created subsequently after filing of
the suit. Hence he prayed for dismissal of chamber summons.
4. Defendants opposed the chamber summons by filing their reply.
Perused the chamber summons, reply of defendants, the plaint, written
statement and proceeding of the case.
5. Defendants filed their written statement on the record. Issues
are not framed. Thus the trial has not commenced. As per Order 6, Rule
17 of the CPC, the Court may at any stage of the proceedings allow
either party to alter or amend his pleadings in such manner and on such
terms as may be just, and all such amendments shall be made as may be
necessary for the purpose of determining the real questions in
controversy between the parties.
6. Plaintiff filed the present suit for declaration of certain
documents to be null and void, possession and permanent injunction on
the ground that defendants forged said documents. Chamber summons
is supported with documents. Suit is filed in the month of June 2018.
Some of the documents are after the month of September 2018. Thus it
-- 2 of 4 --
ORDER ..3.. CS No.1746/2019
cannot be said that plaintiff was aware about these documents. From
perusal of chamber summons alongwith documents in support of it, it
appears that said documents are necessary to be brought on record to
prove the case of plaintiff. By way of chamber summons plaintiff wants
to bring on record, certain facts which came to knowledge of the
plaintiff after filing of the suit. By way of chamber summons, plaintiff
wants to strengthen her earlier stand taken in the plaint to prove her
case. Hence proposed amendment is necessary for the purpose of
determining the real questions in controversy between the parties. No
prejudice will be caused to defendants if chamber summons is allowed
as defendants can amend their written statement or file additional
written statement thereby denying the facts mentioned in the scheduled
of chamber summons. It is well settled that the parties should be given
full and fair opportunity to prove their case. Under the facts,
circumstances and considering the nature of suit, chamber summons is
liable to be allowed. In the result following order :
ORDER
1. Chamber Summons No.1746 of 2019 is allowed in terms of
prayer clause (a).
2. Plaintiff to carry out amendment as per scheduled of the
chamber summons within 14 days from the date of this order and serve
copy of amended plaint on advocate for defendants before next date.
3. No order as to costs.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 23.03.2022
Typed on : 23.03.2022
HHJ signed on : 23.03.2022
-- 3 of 4 --
ORDER ..4.. CS No.1746/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 23.03.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
23.03.2022
JUDGMENT/ORDER signed by P.O.
on
23.03.2022
JUDGMENT/ORDER uploaded on 23.03.2022
-- 4 of 4 --