Date: 08-11-2019
Business: Adv. Akshay Shettey for plaintiff present.
Defendant no 1 present.
Defendant tendered draft Ch/s. t.o.r.
O- Leave granted to register it.
Copy served to other side.
KB
Say filed by plaintiff.
Heard learned advocate for plaintiff and defendant in person.
ORDER PASSED BELOW DRAFT CHAMBER SUMMONS.
Perused draft chamber summons, affidavit in support of it, reply filed by plaintiffs. Heard learned advocate for plaintiffs and defendant in person.
Draft chamber summons is taken out by defendant for amendment of written statement by adding para 1A and 13A after para 1 and 13 respectively in written statement as per schedule annexed to draft chamber summons.
It is contended that due to oversight legal contentions about non entitlement of negative declaration and explanation as to non issuance of census slip for suit premises remained to be taken in written statement. Therefore, defendant prayed for grant of permission for incorporation of pleadings in that regard.
Plaintiffs opposed draft chamber summons on the count that defendant is trying to fill the lacuna.
I have carefully gone through the chamber summons and reply of plaintiffs. By proposed amendment defendant wants to raise contention about maintainability of suit in relation to negative declaration and explanation about non issuance of census slip of suit premises. In my view proposed amendment by way of para 1A is in relation to law point and that, by way of para 13A is only explanatory so no prejudice will be caused to plaintiffs if both amendments are allowed. It is to be noted that although matter is posted for evidence but plaintiffs are yet not filed affidavit of evidence. So, they have an opportunity to deal with contention of defendant. Proposed amendments are necessary for just decision of controversy. Therefore, I am inclined to allow draft chamber summons. Hence, pass following order.
ORDER
1. Draft chamber summons is allowed and made absolute in terms of prayer clause (a).
2. Defendant is directed to carry out amendment as per schedule annexed to draft chamber summons within period of two weeks from the date of this order.
3. Amended copy of written statement be placed on record and same be served on the plaintiffs.
4. Draft chamber summons be registered for statistical purposes.
5. Accordingly, draft chamber summons is disposed off.
Adjourned for compliance to 2.12.2019
Nature Of Disposal: ALLOWED
Disposal Date: 08-11-2019