Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M. No.3788/19 (SC No.132/18)
MHCC010102612019
Presented on : 10/10/2023
Registered on : 10/10/2023
Decided on : 05/11/2024
Duration : 5 Y 0 M 27 D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.3788 OF 2019
IN
SHORT CAUSE SUIT NO. 132 OF 2018
Mr. Amriksingh Niranjansingh Nandada ... Plaintiff
- Versus -
Niranjan Apartment Co-op Soc. & Ors. … Defendants
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 05th November, 2024.
Appearance :-
Ms. Nikita More, advocate for the plaintiff.
Advocate for defendants absent.
O R D E R
By this notice of motion defendant No.3 prayed to give
directions to the plaintiff to correct spelling error of his name and for
condoning delay in filing written statement. Perused affidavit in support
and the suit proceeding.
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N/M. No.3788/19 (SC No.132/18)
2. It is submitted by defendant No.3 that he filed vakalatnama
under the name R. C. Dumir, but the issue continue to persist whether
he could file written statement for and on behalf of defendant No.3 who
is shown as Dumir Malik. Defendant No.3 requested to give directions
to the plaintiff to amend the suit and change the name of ‘Dumir Malik’
to ‘R. C. Dumir’. Hence, this notice of motion for permitting and
allowing R. C. Dumir to file written statement after condoning delay.
Thus, prayed to allow the notice of motion.
3. The plaintiff has opposed this notice of motion and prayed
for dismissal of the notice of motion. It is submitted by the plaintiff that
‘No Written Statement’ order was passed on 30.10.2018 and there is no
prayer of setting aside ‘No Written Statement’ order. The plaintiff
further stated that merely spelling mistake in the name is not the proper
reason for delay in filing the written statement. Thus, the plaintiff
prayed for dismissal of the notice of motion.
4. Heard advocate for the plaintiff. Perused record. The
instant suit is for injunction. Certainly, ‘No Written Statement’ orders are
passed and there is no specific prayer for setting aside ‘No Written
Statement’ order. Further, defendant No.3 has prayed for giving
directions to the plaintiff for correction in his name from ‘Dumir Malik’
to ‘R. C. Dumir’ and for condoning delay in filing written statement and
taking written statement on record. Having regard to the nature of
dispute between the parties, I find it just and proper to allow defendant
No.3 to file written statement on record for complete and proper
adjudication of the dispute between the parties. In view of the prayer
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N/M. No.3788/19 (SC No.132/18)
clause (c), the ‘No Written Statement’ order can be set aside. Hence,
without going into technicalities and for just decision of the case by
correcting the name of defendant No.3, written statement of defendant
No.3 is taken on record by condoning delay and setting aside ‘No
Written Statement’ order. Hence, I pass following order :-
O R D E R
1. Notice of Motion No.3788/2019 in Suit No.132/2021 is
allowed as prayed.
2. Written statement of defendant No.3 is taken on record by
setting aside ‘No Written Statement’ order.
3. Plaintiff is directed to correct the name of defendant No.3
from ‘Dumir Malik’ to ‘R. C. Dumir’.
4. Proceeding of Notice of Motion No.3788/2019 in Suit
No.132/2018 is closed.
Date : 05/11/2024. (Prashant C. Kale )
Ad-hoc Judge
City Civil Court, Gr. Bombay.
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N/M. No.3788/19 (SC No.132/18)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06.11.2024 at 4.44 pm ( Samruddhi Jadhav)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. Prashant C. Kale (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
05/11/2024
JUDGMENT/ORDER signed by
P.O.on
06/11/2024
JUDGMENT/ORDER uploaded on 06/11/2024
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