Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 179 DV 2023 Mrs. Shazli Vs Mr. Shahzaman and ors.
CNR-MHMM18-008767-2023
ORDER BELOW APPLICATION FOR AMENDMENT, EXH.12
1. Perused record. Heard both the sides. Perused say filed by
respondents.
2. By way of this application, the applicant sought the amendment of
main application, Exh.1. After going through it, it is noticed that the
amendment is sought to insert the particulars of the several incidences
occurred during the continuance of domestic relationship between the
parties.
3. Respondents objected to it stating that amendment is not tenable.
4. The law is well settled. Pleadings means material propositions of
law and facts asserted by one party and denied by other. While pleading a
case it is not necessary that each and every act constituting cause of
action shall be pleaded, unless and until it confers the right to sue. If such
a right is invoked by other facts pleaded, it is not necessary that each and
every fact shall be pleaded.
5. As stated above amendment is sought to insert the particulars of the
several incidences occurred during the continuance of domestic
relationship between the parties. Those facts can be included or brought
on record by the applicant while leading her evidence.
6. Further, the proposed amendment is very lengthy and if allowed the
matter will further turned to be clumsy and confusing.
7. As such there found no necessity of amendment. Application can
not be allowed and hence, following order -
ORDER
Application is rejected.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 04.04.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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