Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.2031 of 2019
CNR: MHCC01-011528-2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.2031 OD 2019
IN
S.C. SUIT NO.4821 OF 2009
(H.C. SUIT NO.291 OF 2009)
Anant Gopal Ubare(deleted)
Mrs. Hemlata Anant Ubare .. Plaintiff
V/s.
1 Vimal Anant Parab & Ors. .. Defendants
Appearances :-
Ms. Pooja Narvekar, Adv. for plaintiff.
Mr. S. P. Srivastava, Adv. for defendants.
Coram : R. M. Sadrani
Judge, City Civil Court,
Greater Bombay, C.R. No.07.
DATED : 20th February, 2021.
ORDER
1 This Chamber Summons is taken out by the
defendants for permission to amend the written statement and for
adding certain paragraphs i.e. paragraph Nos.3(a) to 3(c) in the
written statement and production of documents.
2 Learned Adv. S. P. Srivastava for the defendants argued
that initially, defendants had taken out Chamber Summons
No.1983 of 2016 for the same purpose. Meanwhile, original
plaintiff died and second wife of the plaintiff came on record as
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legal heirs. Therefore, on 6/11/2019, defendants withdraw the
same Chamber Summons with permission to file fresh Chamber
Summons which was allowed by the Court. He further argued that
defendant No.1 is first wife of original plaintiff. Suit is filed for
declaration and injunction. He further argued that during
pendency of the suit, defendants got certain documents under
Right to Information Act that original plaintiff has obtained ration
card with the present plaintiff showing different address as
mentioned in the proposed amendment in paragraph No.3(a).
Further, marriage between the original plaintiff and present
plaintiff is register marriage and defendants want to produce the
extract of the marriage certificate as mentioned in paragraph
No.3(b). Further, Election Department issued notice to the original
plaintiff to cancel his name from the voter list of the said area i.e.
area of the suit premises. Defendants want to rely on that notice
and accordingly pleading is required as mentioned in proposed
paragraph No.3(c) and production of documents as aforesaid. He
requested that Chamber summons be allowed and defendants be
permitted to carry out proposed amendment. Since beginning, it is
case of the defendants that plaintiff is not residing in the suit
premises.
3 Learned Adv. Ms. Pooja Narvekar for plaintiff opposed
the Chamber Summons. She argued that there is no provision for
amendment in written statement. Plaintiff is relying on the
marriage certificate, therefore, same certificate cannot be
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permitted to be adduced by the defendants. She requested to
reject the Chamber Summons.
4 After hearing both the sides, I go through record.
Proposed amendment is consistent with the defence of the
defendants since beginning and does not change the nature of
defence, if allowed. Matter is fixed for exhibiting the documents
of the plaintiff. Considering the nature of proposed amendment, I
am inclined to allow the Chamber Summons and pass following
order.
ORDER
1 Chamber Summons No.2031 of 2019 is hereby allowed
in terms of prayer clause(a).
2 Chamber Summons is disposed off accordingly.
(R. M. Sadrani)
Judge,
City Civil and Sessions Court,
Dated : 20/02/2021. Greater Bombay.
Dictated on :20/02/2021.
Transcribed on :20/02/2021.
Signed on :20/02/2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 20/02/2021.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room
No.)
Shri. R. M. Sadrani, Judge, C.R.No.07.
Date of pronouncement of
Judgment /Order
20/02/2021.
Judgment/Order signed by P.O. on 20/02/2021.
Judgment/Order uploaded on 20/02/2021.
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