Final Order 1

Order Details: Chamber summons
Pdf Text: 101
14/12/2021
SU.3111/19
CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
None for plaintiff.
Adv. Smita Chavan for defendant Nos.1 to 3 / MCGM present.
None for defendant No.4.
Order on Chamber Summons No.1809/2019
Perused Chamber Summons, reply filed by the defendant
Nos.1 to 3 / MCGM. Heard both the advocates at length.
The advocate for the plaintiff submitted that while
mentioning the description of the property, the plaintiff has
mentioned that “admeasuring as shown in sketch without
permission of competent authority”. The plaintiff wants to delete or
erase the above said pleading because of the this amendment, the
nature of the Suit will not be changed. It is a typographical mistake
and can be cured at any time. In this respect, the advocate for the
plaintiff relied on the decision in the case of Baldhir Kaur V/s.
Punjab State Power Corporation Ltd. 2020 (3) Pubjab Law
Reporter – 0006. The advocate for the plaintiff further submitted
that even amendment can be sought for adding alternative relief, it
will curtail multiplicity of legal proceeding. In this respect, the
advocate for the plaintiff relied on the decision in the case of
Chinnapareddy Subba Reddy V/s Chinapareddy Srinu and
Others in Civil Revision Petition No.1773/2012
MANU/AP/0974/2012.
The advocate for the defendant Nos.1 to 3 / MCGM
submitted that plaintiff is trying to improve the case and the
amendment sought which is in the nature of filling up the lacunas
in the plaint. Hence prayed for rejection of the Chamber Summons.
On going through the Chambers Summons, it reveals that the
plaintiff wants to delete the certain words in the description of the
property. Because of the amendment, nature of the Suit will not be
changed. So also, there is no new facts brought on record by the
plaintiff but it is a clear mistake committed by the plaintiff while
drafting the plaint. It is purely typographical mistake, therefore, it
can be cured. Considering this, I pass the following order
ORDER
1. Prayer clause (a) in Chamber Summons No.1809/2019 is
allowed.
2. Plaintiff is directed to carry out amendment within stipulated
period.
3. Chamber Summons No.1809/2019 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. To 05/02/2022 for compliance.
Judge
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