Final Order 1

Order Details: Other
Pdf Text: 8.11.2019
SU 1776/16
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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
Judge
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