Final Order 1

Order Details: Other
Pdf Text: 30.01.2020
SU 3825/08
CS 2285/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Rahul Raut for plaintiffs present.
Adv. Irani along with Adv. Tikare for defendants present.
Say filed by advocate for defendant on chamber summons itself.
KB
LO
Order passed below Chamber Summons No.2285 of 2019
Perused chamber summons, affidavit in support of it and
say filed by defendants. Heard respective counsel for parties.
Chamber summons is taken out by the plaintiffs to
incorporate valuation clause as per schedule annexed to
chamber summons.
It is the contention of plaintiffs that Registrar (Civil) was
directed to conduct investigation under section 9 of the
Maharashtra Court Fees Act to ascertain correct valuation of
suit as on date of institution of suit and submit report within
two weeks of receipt of order. Registrar submitted his report
and assessed the valuation pertaining to suit property at
Rs.62,29,583/ and ascertained court fee. As per order dated
13.11.2019, said report has been accepted and plaintiffs were
directed to take the steps to amend the valuation clause in the
plaint and to pay deficit court fee in terms of said report. In
view of above contentions plaintiffs have prayed to allow
present chamber summons.
Defendants objected to present chamber summons on the
count that chamber summons is taken out to fill the lacuna and
cannot be allowed in view of proviso to order VI Rule 17 of the
CPC as no sufficient cause is shown.
It is pertinent to note that as per order dated 13.11.2019
passed by this Court, report of Registrar (Civil) submitted in
pursuance of order dated 09.08.2019 of this Court was accepted
and plaintiffs were directed to take steps to amend the
valuation clause in the plaint and to pay deficiet court fee as per
said report. In view of said direction of the court present
chamber summons is taken out by the plaintiffs making
contention about the correct valuation of the suit claim. In view
of above facts of matter the objections taken by the defendants
have no merits. Therefore, I am inclined to allow present
chamber summons with direction to the plaintiffs to pay deficit
court fee. Hence, pass following order
ORDER
1. Chamber Summons No.2285 of 2019 is allowed and made
absolute in terms of prayer clauses (a) and (b).
2. Plaintiffs have to carry out amendment as per schedule
annexed to chamber summons within period of two weeks from
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the date of this order and they are also permitted to pay deficit
court fee of Rs.83,700/ (Rupees Eighty Three Thousand and
Seven Hundred only) within period of two weeks from the date
of this order.
3. Accordingly, chamber summons stands disposed off.
Adjourned for compilation to 10.02.2020
Judge
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