Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1..
MHCC010103262019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1821 OF 2019
IN
S.C. SUIT NO.86 OF 2017
Suresh Sundar Kamble. ...Plaintiff.
Versus
1.Subhash Sundar Kamble
2.Prakash Sundar Kamble ...Defendants
Appearance:
Adv. Abhishek Tripathi for plaintiff.
Adv. Mukesh Dubey for defendant.
CORAM : HIS HONOUR JUDGE
Anand P. Kanade
COURT NO.2
DATED : 8th December, 2023
ORAL ORDER
The plaintiff has filed this chamber summons under order 6 Rule
17 of the Code of Civil Procedure and sought permission to amend the
plaint.
2. It is the case of plaintiff that the suit was filed in urgency and
therefore, the plaintiff was unable to annexe the documents to the
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ORDER ..2..
plaint which are vital documents for proper adjudication and deciding
the real controversy involved in the case. It is the contention of plaintiff
that he is the owner of the suit property and he purchased the same by
virtue of two agreement for sale dated 05.12.1997 and 11.12.1997.
Therefore, plaintiff seek liberty to amend the plaint.
3. Chamber summons is opposed by the defendant. According to
defendant the proposed amendment changes in nature of suit. The
plaintiff is not entitled to take the ground of urgency as alleged. If the
proposed amendment is allowed it would cause serious prejudice to the
defendant.
4. Heard both sides. Perused papers on record. In the present suit
issues have been not framed. The bar under the proviso under Order 6
Rule 17 of the Code of Civil Procedure will not come into effect to deny
the relief as prayed. The plaintiff wish to rely upon the documents in
order to establish his case. It is the case of plaintiff that suit was filed in
urgency therefore, the documents are not annexed with the plaint. The
trial of the suit is not yet commenced. Nothing it pointed out from the
side of defendants whether the proposed amendment is prejudicial to
their interest. In my view the proposed amendment will not change the
nature of suit and same is essential to determine the actual controversy
between the parties. Hence I am of the view that chamber summons
deserves to be allowed. In the result, following order.
ORDER
1. Chamber summons No.1821 of 2019 is hereby allowed with no
order as to costs.
2. Plaintiff is permitted to carry out necessary amendment in the
plaint.
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ORDER ..3..
3. Amendment be carried out within 14 days from today.
4. Plaintiff to file copy of amendment plaint.
(Anand P. Kanade)
Judge
City Civil Court, Gr.Mumbai
Date : 08.12.2023
Typed on : 11.12.2023
HHJ signed on : 11.12.2023
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 11.12.2023, 5.30 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. Anand P. Kanade
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
08.12.2023
JUDGMENT/ORDER signed by P.O.
on
11.12.2023
JUDGMENT/ORDER uploaded on 11.12.2023
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