Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1.. CS NO.1876/2019
MHCC010105802019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1876 OF 2019
IN
S.C.SUIT NO.8116 OF 1994
(HIGH COURT SUIT NO. 602 OF 1994)
Smt. Hemlata Krishna Lawande. …Applicant.
In the matter between.
Smt. Shalini Vasudeo Sohoni and 2 Others. ...Plaintiffs.
Versus
Anant Vasudeo Sohoni. … Defendant.
Advocates
Kalyani Deshmukh for plaintiffs.
Giri for the Defendant.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor
COURT NO.2
DATED : 6th September 2021.
ORAL ORDER
Heard advocate for both parties on chamber summons moved on
behalf of plaintiff no.2 for amendment in the plaint.
2. Perused the chamber summons alongwith affidavit, affidavit-in-
reply of the defendant, rejoinder of the plaintiff and written submissions
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ORDER ..2.. CS NO.1876/2019
of both parties as well as list of citations filed on behalf of the
defendant.
3. Contention of advocate for plaintiffs is that amendment in the
plaint is necessary to avoid multiplicity of litigation and for proper
adjudication of the dispute between the parties. Plaintiff is not seeking
to plead new case but only bringing material facts on record arisen
subsequent to the filing of the suit. Hence prayed for allowing the
chamber summons.
4. Contention of advocate for the defendant is that proposed
amendment would change nature of the suit. Chamber summons is
barred by limitation as plaintiff no.1 expired in the year 1995. Hence
prayed for dismissal of notice of motion.
5. Citations relied on by advocate for the defendant is on different
footings and substantially differs from the facts of present case. Hence
they are not much helpful to the defendant to support his contentions.
6. It is not in dispute that plaintiff no.1 is mother of plaintiff no.2
and the defendant and grand mother of plaintiff no.3. Plaintiff no.2 is
mother of plaintiff no.3 and sister of the defendant. Thus plaintiff no.3
is nephew of the defendant. Plaintiff no.1 is expired on 08.01.1995.
Legal heirs of plaintiff no.1 is already on the record.
7. From the perusal of record, it appears that suit is for declaration
that the defendant is trespasser in respect of Cold Storage premises,
possession and permanent injunction. Present chamber summons is for
amendment by deleting name of plaintiff no.1 from the record due to
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ORDER ..3.. CS NO.1876/2019
her death and addition of certain facts due to subsequent developments
during pendancy of the suit. Hence cause of action survives to plaintiff
no.2 and 3 and the defendant.
8. After perusal of the plaint, chamber summons, reply and written
submissions of both parties, it does not appear that the proposed
amendment will change the nature of suit. Plaintiffs are elaborating the
averments in the plaint by way of present amendment due to
subsequent events after filing of the suit. Defendant can amend his
written statement. Hence no prejudice would be caused to the
defendant if chamber summons allowed.
9. Facts of proposed amendment were well within knowledge of
plaintiff no.2. Admittedly the suit is of the year 1994 and plaintiffs filed
present chamber summons for amendment belatedly. However
amendment is necessary for proper adjudication of the dispute between
the parties and the defendant can be compensated in terms of money.
Under the facts and circumstances, chamber summons is liable to be
allowed subject to costs. In the result, this Court proceeds to pass
following order.
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.
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ORDER ..4.. CS NO.1876/2019
(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.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 06.09.2021
Typed on : 06.09.2021
HHJ signed on : 06.09.2021
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ORDER ..5.. CS NO.1876/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 06.09.2021, 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. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
06.09.2021
JUDGMENT/ORDER signed by P.O.
on
06.09.2021
JUDGMENT/ORDER uploaded on 06.09.2021
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