Date: 01-11-2019
Business: Adv. Megha Gupta for plaintiff present.
Adv. Poojarani Giri for defendant present.
Adv. For plaintiff filed registered Chamber summons no 1876/19. t.o.r
Adv. For defendant filed reply to Chamber summons.
Copy is given to other side.
Matter is adjourned for hearing of Chamber summons to 21.11.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Megha Gupta for plaintiff present.
Adv. Poojariani Giri for defendant present.
Affidavit in rejoinder filed by applicant/ plaintiff t.o.r.
Copy is served upon other side.
Adjourned for hearing to11.12.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Asher for plaintiff present.
Adv. Ravi Joshi for defendant present.
Adv. for plaintiff sought adjournment to take appropriate steps.
Adjourned to 13.01.2020 for hearing of Chamber summons
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: As PO is on Leave
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Megha Gupta for plaintiff present and tendered registered NM No.398 of 2020.
Adv. Anita Chikne for defendant present and tendered reply to NM No.398 of 2020.
Copy is given to other side.
Heard both sides on NM No.398 of 2020.
Adjourned for order to 29.01.2020
Next Purpose: C/S HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Plaintiff present.
Adv. Megha Gupta for plaintiff present.
Order passed below Notice of Motion No.398 of 2020
Perused notice of motion, affidavit in support of it, reply of defendant, chamber summons No.1876 of 2019 and affidavit in support of it. Heard respective counsel for parties.
Notice of motion is taken out by applicants/plaintiffs to allow them to verify affidavit in support of chamber summons No.1876 of 2019 and to grant any further relief as this Court deems feet and proper.
It is the contention of applicants that they have taken out chamber summons No.1876 of 2019 seeking amendment of the suit and other relief mentioned therein. An objection was taken by the respondent that it was not duly verified. Therefore, present notice of motion is taken out to remove technical objection more particularly verification of affidavit in support of said chamber summons which was inadvertently not included. Accordingly, applicants have prayed to permit them to cure said defect.
Defendant opposed notice of motion on the ground that it is in breach of guidelines laid down in Rule 187 of the Bombay City Civil and Sessions Courts Rules, 1948. More so, it is not as per the Form No. VIII laid down in said Rule. It is further contended that applicants are in habit of filing of such affidavits without verification clause which lead to unnecessarily delay and dragging of suit. Accordingly, defendant prayed for dismissal of notice of motion.
Learned advocate for applicants placed reliance upon authorities in the cases of H. D. Revanna Vs. G. Puttaswamy Gowda and others - (1999) 2 SCC 217, Dayabhai Girdhardas Vs. Bobaji Dahyaji Kotwal and others - 1953 Indian Law Reports 188 and Kailash Singh Vs. Hiralal Dey (1993) 1 Gauhati Law Reports 434 in support of his submission.
In the case H. D. Revanna (cited supra), it is held that Defecting verification of election petition or the affidavit accompanying the election petition as curable and not fatal. In the case of Dayabhai (cited supra) it is held that, Failure to sign the plaint properly was merely a formal defect it was not serious defect which went to the root of the matter and vitiate the institution of the suit. the defect could be cured at any stage on a proper application being made for the purpose. In the case of Kailash Singh (cited supra) it is laid down that, Provision of Order 6 Rule 15 of CPC are not mandatory, but directory in nature and it is further held that, any defect can be cured at any stage.
In view of above legal position now I consider present notice of motion. So far as objection of defecting about format of notice of motion is concerned it is not in deviation on material aspects therefore I do not find merits in contention of defendant in that regard. It is true that affidavit filed in support of chamber summons No.1876 of 2019 does not have content relating to verification and affirmation as per Form No. I provided under the Bombay City Civil and Sessions Courts Rule, 1948. In my view, it is formal defect and can be cured. It does not go to the roots of the matter. Therefore, relying on authorities cited supra I am inclined to allow present notice of motion. Hence, pass following order
ORDER
1.Notice of Motion No.398 of 2020 is allowed and made absolute in terms of prayer clause (a).
2.Applicants/Plaintiffs to make compliance by incorporating verification clause to the affidavit in support of chamber summons and verifying the same in presence of concerned official of the Court within period of two weeks from the date of this order.
3.Accordingly, notice of motion is disposed off.
Adjourned for compliance to 28.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Purvi K. Ashar a/w Adv. Kalyani Deshmukh I/b Mansukhlal Hiralal and Co. for applicant/plaintiff is present.
Adv. Joshi for defendant is present.
Matter stands Adj for steps on 14.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv Kalyani Deshmukh for plff present.
Adv Joshi for deft present.
Adv for plff tendered draft CS. Leave granted to register. Copy served to other side.
Matter stands Adj for CS reply to 28/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 09-04-2020
Date: 28-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 01-06-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-09-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 07-11-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Adv. Kalyani Deshmukh for plaintiffs present.
She filed affidavit of service on the sole defendant. It appears that notice of motion is served in the office of advocate for defendant.
Advocate for plaintiff submitted that defendant is trying to create third party interest in suit property. Hence she prayed for ad-interim relief restraining defendant from creating third party interest in suit property. Perused the record. Suit is pending since the year1994. Notice of motion is not supported with any documentary evidence to substantiate contention of the plaintiff. In the circumstances, no case is made out for grant of ad-interim relief.
Adv. For plaintiff is directed to serve fresh copy of notice of motion to the defendant through bailiff as well as registered post and file fresh affidavit of service on next date.
Adjd for reply to notice of motion on 10.12.2020.
Authenticated copy be given to the advocate for the plaintiff.
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Date: 15-01-2021
Business: Adv Kalyani Deshmukh for plff present.
Adv Joshi for deft present.
Adv for plff tendered registered CS 507/2020. t.o.r.
She filed affidavit in rejoinder in NM 1339/2020. t.o.r.
Adv for deft filed reply to CS 507/2020. t.o.r. Copy given to other side.
He seeks time to file sub rejoinder. Granted.
F. R. S. R. following order is passed -
ORDER
1. Chamber Summons no. 507/2020 is allowed.
2. Plaintiffs shall carry out amendment as per schedule before next date.
3. Costs in cause.
4. Chamber Summons no. 507/2020 is disposed of.
Matter stands Adj for CS Hearing to 12/02/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv Purvi K. Asher a/w Adv. Kalyani Deshmukh I/b Adv Mansukhlal Hiralal and Co. for plff present.
Adv. Joshi for deft present.
He filed affidavit of sub-rejoinder to rejoinder of plff in NM No. 1339/2020.
Adv for plff is directed to provide certified copy of amended Chs no. 1876/19 to adv for deft.
Adv for deft seeks time to file reply to amended Chs. No. 1876/19.
Matter stands Adj for additional reply and Hearing on Chs. no. 1876/19 to 26.02.2021 at 2.45 pm
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2021
Date: 12-02-2021
Business: Adv Purvi K. Asher a/w Adv. Kalyani Deshmukh I/b Adv Mansukhlal Hiralal and Co. for plff present.
Adv. Joshi for deft present.
He filed affidavit of sub-rejoinder to rejoinder of plff in NM No. 1339/2020.
Adv for plff is directed to provide certified copy of amended Chs no. 1876/19 to adv for deft.
Adv for deft seeks time to file reply to amended Chs. No. 1876/19.
Matter stands Adj for additional reply and Hearing on Chs. no. 1876/19 to 26.02.2021 at 2.45 pm
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2021
Date: 12-02-2021
Business: Adv Purvi K. Asher a/w Adv. Kalyani Deshmukh I/b Adv Mansukhlal Hiralal and Co. for plff present.
Adv. Joshi for deft present.
He filed affidavit of sub-rejoinder to rejoinder of plff in NM No. 1339/2020.
Adv for plff is directed to provide certified copy of amended Chs no. 1876/19 to adv for deft.
Adv for deft seeks time to file reply to amended Chs. No. 1876/19.
Matter stands Adj for additional reply and Hearing on Chs. no. 1876/19 to 26.02.2021 at 2.45 pm
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Kalyani Deshmukh plaintiff present.
Adv. Joshi for Deft present.
Plaintiff seeks time to file written submission on chamber summons. Granted.
Plaintiff directed to served copy of written submission in advance to adv for the deft.
Matter stands Adj 22/03/2021 for Written submission on chamber summons
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2021
Date: 26-02-2021
Business: Adv. Kalyani Deshmukh plaintiff present.
Adv. Joshi for Deft present.
Plaintiff seeks time to file written submission on chamber summons. Granted.
Plaintiff directed to served copy of written submission in advance to adv for the deft.
Matter stands Adj 22/03/2021 for Written submission on chamber summons
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2021
Date: 26-02-2021
Business: Adv. Kalyani Deshmukh plaintiff present.
Adv. Joshi for Deft present.
Plaintiff seeks time to file written submission on chamber summons. Granted.
Plaintiff directed to served copy of written submission in advance to adv for the deft.
Matter stands Adj 22/03/2021 for Written submission on chamber summons
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv Kalyani Deshmukh for plff present.
She filed written submissions in support of CS. t.o.r.
None for deft.
Matter stands Adj for CS Hearing to 03/04/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2021
Date: 03-04-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2021
Date: 03-04-2021
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv Kalyani Deshmukh for plff present.
Adv Giri for deft present.
She filed written submissions in support of CS 1876/2019. t.o.r. Copy served to Adv for plff.
Heard Adv for both parties.
Adv for plff submitted that plff brought CS for amendment due to subsequent events after filing of the suit.
Adv for deft submitted that proposed amendment would change nature of the suit.
Matter stands Adj for CS Order to 06/09/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv Kalyani Deshmukh for plff present.
Adv Aishwarya Katkar for deft present.
F. R. S. R. following order is passed -
Order
(1) Chamber Summons no. 1876/2019 is allowed with costs of Rs. 20,000/- out of which Rs. 10,000/- to be paid to the defendant and Rs. 10,000/- to be deposited with District Legal Services Authority within 14 days from the date of this Order.
(2) Plaintiff to carry out amendment as per the schedule of the chamber summons within further 14 days after payment of costs.
(3) Plaintiff to file on record amended plaint and serve copy of amended plaint on the defendant before next date.
(4) Chamber Summons no.1876/2019 is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 06-09-2021