Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 2101 OF 2019
IN
SUIT NO. 10 OF 2015
(CNR NO. MHCC01-011877-2019)
1. Sukhdev Raghunath Gharge & Anr. ...Plaintiffs.
V/s.
1a. Mr.Aditya Pratapsinh Shoorji & Ors. ...Defendants.
Appearances:
Ld. advocate Priyank Shukla for plaintiffs.
Ld. advocate Sanaya Patel for defendant no.1(a) to 15.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 27/11/2021.
ORDER
This chamber summons is taken out by the plaintiffs for
correcting error mentioned in the plaint in para no.1 and in page no.3
of the plaint. The defendants resisted this chamber summons by filing
their reply.
2. Read the present chamber summons, say of the defendants
thereon. Heard arguments advanced on behalf of both the sides at
length. Perused record.
3. The learned counsel on behalf of the plaintiffs has submitted that
in para no.1 of the plaint it is wrongly mentioned that “Hissa No.1”
instead of “Hissa No.2” and in page no.3 it is wrongly mentioned that
“defendants are original owners” instead of “defendant nos. 1 to 15
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were original owners”.
4. The learned counsel on behalf of defendants have submitted that
the suit is filed in the year 2015 and this chamber summons is taken out
at very late stage, the plaintiffs want to make correction in the plaint by
filing this chamber summons in the year 2019. The learned counsel on
behalf of the defendants has further argued that if this chamber
summons is to be allowed, then nature of the suit will be changed.
Therefore, the present chamber summons taken out by the plaintiffs
may be dismissed.
5. On perusal of the record, it appears to me that yet issues are not
framed. Secondly, if this proposed correction which are mentioned in
the schedule is to be allowed for making correction in the plaint, then
certainly the nature of the suit will not be changed. In such
circumstances, I inclined to allow this chamber summons. Hence, I
proceed to pass following order.
ORDER
1. Chamber Summons No.2101/2019 is hereby allowed as prayed for.
2. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons No.2101/2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :27/11/2021. Gr. Mumbai
Dictated on: 27/11/2021
Transcribed on: 27/11/2021
HHJ signed on: 27/11/2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
27/11/2021 at 5.00 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
27/11/2021
Judgment/order signed by P.O. on 27/11/2021
Judgment/order uploaded on 27/11/2021
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