Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No. 1807-2019 IN SU-1404-2018
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.1807 OF 2019
(CNR No.MHCC01-010301-2019)
IN
SUIT No.1404 OF 2018
(CNR No.MHCC01-001375-2018)
Haiderali Taher Rassiwalla and Ors. }...PLAINTIFFS.
Versus
Shirinbai Taherbhai Rassiwalla and Ors }...DEFENDANTS.
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Shri.Ashish Gupta, learned advocate for the plaintiffs.
Shri.A.N.Nasikwala, learned advocate for the defendants.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.No.62)
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O R A L O R D E R
(Delivered on 06/09/2021)
1. By filing this Chamber Summons, plaintiffs have prayed to
allow them to amend the plaint as per the schedule.
2. Read the affidavit and additional affidavit filed in support
of Chamber Summons and reply filed by the defendants. Heard learned
Shri.Ashish Gupta advocate for the plaintiffs and learned Shri.A.N.
Nasikwala advocate for the defendants. Perused the entire record.
3. Schedule annexed to the Chamber Summons shows that
plaintiffs want to claim a relief of declaration that defendant Nos.5 to 7
are not entitled to claim right of absolute ownership over the suit
property with further relief to re-transfer the suit property in the name
of its original owner. Plaintiffs also want to add para No.12(a) in
support of those prayers. Learned advocate for defendant Nos.5 to 7
submitted that Chamber Summons is premature, there is no prayer for
delay condonation, plaintiffs will have to pay court fees on the added
reliefs and plaintiffs are trying to change the nature of the suit.
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2 CS No. 1807-2019 IN SU-1404-2018
4. Perusal of plaint averments and prayer clauses of the plaint
shows that plaintiffs have claimed a relief of declaration that they are
11.11% co-owners of the suit property. Schedule of proposed
amendment shows that plaintiffs want to add two reliefs as mentioned
here-in-above. It does not appear that the proposed amendment will
alter the nature of the suit in any manner. It also does not appear that
plaintiffs are trying to withdraw any admission given previously. Suit is
yet to be taken up for trial. Though there is substance in the argument
of learned advocate for the defendants that plaintiffs will have to pay
court fees on the added relief in the plaint, it cannot be a ground to
reject the prayer for amendment of the plaint. Proposed amendment
appears necessary for deciding the controversy involved in the suit
finally and hence, holding that plaintiffs are entitled for the relief
claimed, I pass the following order.
O R D E R
Chamber summons No.1807/2019 is allowed.
Plaintiffs to carry out amendment as per the schedule
within two weeks from today.
After carrying out the amendment as per the schedule,
plaintiff shall pay requisite court fees on the added prayers.
Date : 06/09/2021. (P.P.RAJVAIDYA)
Dictated on : 06/09/2021. Judge, C.R.No.62,
Checked on : 09/09/2021. City Civil Court,
Signed on : 09/09/2021. Mumbai.
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3 CS No. 1807-2019 IN SU-1404-2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
15.09.2021 at 12.20 p.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.62)
Date of pronouncement of Order 06/09/2021
Order signed by P.O. on 09/09/2021.
Order uploaded on 15/09/2021.
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