Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 2274/19 in Suit No. 4769/07. 1 Order.
MHCC010131882019
Presented on : 17-12-2019
Registered on : 17-12-2019
Decided on : 02-07-2022
Duration : 2 years, 6 months, 16 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2274 OF 2019
IN
SUIT NO. 4769 OF 2007
(HIGH COURT SUIT NO. 897 OF 2007)
Kalpana Ramesh Rao Patange )...Plaintiff
Versus
Vimal Shrikrishna Bhavsar (since deceased) )
Rajesh Shrikrishna Bhavsar and others )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 2nd JULY, 2022.
Shri Vikas C. Rele, Advocate for defendant no.2.
Shri Sanjay P. Patankar, Advocate for the plaintiff.
Mrs. Seema Chopda & Ms. Ishwari Sabadra, Advocate for defendant
no.3.
ORDER
1. Defendant no.2 has taken out this chamber summons to
amend written statement dated 03/10/2007 as per Order VI Rule 17 of
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Ch/s No. 2274/19 in Suit No. 4769/07. 2 Order.
the CPC. Perused chamber summons, affidavits in reply of plaintiff and
defendant no.3 and rejoinder. I have also gone through the suit
proceeding. Heard learned counsel Vikas C. Rele for defendant no.2,
learned counsel Sanjay P. Patankar for the plaintiff and learned counsel
Mrs. Seema Chopda for defendant no.3.
2. On perusal of the record, it appears that the suit was
originally instituted in Hon'ble High Court and one advocate was
representing defendants no.1 to 3. It is contention of defendant no.2
that written statement (Exh.7) was prepared in consultation with
defendants no.1 to 3 by their advocate, but defendant no.3 was not
present in the court with them on the day of fling the written statement.
Therefore, defendants no.1 and 2 signed written statement (Exh.7) and
filed it in the court on 03/10/2007. Subsequently, present advocate
Shri Vikas C. Rele appeared for defendants no.1 to 3. Then, he had
given no objection to defendant no.3 to engage another lawyer.
Defendant no.3 filed Ch/s No. 1263/2017 for condonation of delay of 9
years and 9 months and to take her written statement on record and it
was allowed as per order dated 10/04/2018 passed in roznama and her
written statement was taken on record and marked as Exh.8.
3. Now, it is contention of defendant no.2 that various
allegations are made in Ch/s No. 1263/2017 and those were duly
replied in affidavit in reply dated 11/08/2017. It is grievance of
defendant no.3 that Hon'ble Judge did not consider averments made in
affidavit in reply dated 11/08/2017. Defendant no.2 wants to amend
written statement (Exh.7) dated 03/10/2007 in order to bring on
record all these developments.
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Ch/s No. 2274/19 in Suit No. 4769/07. 3 Order.
4. I have also gone through written statement (Exh.8) filed by
defendant no.3. There is no whisper of all alleged allegations against
the lawyer in written statement (Exh.8). In short, contents in affidavit
in support and affidavit in reply in Ch/s No. 1263/2017 are forming
basis to seek amendment in written statement (Exh.7) by inserting
those details in the proceeding of Ch/s No. 1263/2017. All these things
are already on record and they are not directly connected with
controversy in the suit. It is not proper to bring on record the things,
which are already on record, by way of amendment in the pleadings.
Pleadings cannot be allowed to be stretched to such an extent to
overshadow actual dispute between the parties and to shift the focus on
the things which are set at rest by way of order of the Court. Proposed
amendment is not necessary for the purpose of determining the real
question in controversy between the parties. Therefore, proposed
amendment is not permissible. Hence, I pass the following order :
ORDER
1. Chamber Summons No. 2274/2019 is dismissed.
2. The proceeding of Ch/s No. 2274/2019 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 02/07/2022. Mumbai.
1. Dictated on : 02/07/2022.
2. Signed on : 02/07/2022.
3. Delivered to Certified :
Copy Section on
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Ch/s No. 2274/19 in Suit No. 4769/07. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
05/07/2022. 12.14 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 02/07/2022.
Judgment/Order signed by P.O. on 02/07/2022.
Judgment/Order uploaded on 05/07/2022.
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