Order 2

Order Details: Order on Exhibit
Pdf Text: 1 RAD Suit No.185 of 2021
Exh.No.10
CNR NO.MHSCA30003372021
IN THE COURT OF SMALL CAUSES AT MUMBAI
BANDRA BRANCH
ORDER BELOW APPLICATION (EXHIBIT NO.10 )
IN
R.A.D. SUIT NO. 185 OF 2021
Mr. Dilip Chunnilal Gupta S/o
Late, Chunnilal Gupta . . Plaintiff.
Versus
1. Ghanshibhai R. Shah and ors. . . Defendants.
Advocate for Plaintiff : Adv. S.R. Tiwari
Advocate for Defendant Nos.1 & 2 : Adv. O.R. Tiwari
Coram : G. J. Shrisunder, Judge.
C.R.No.32.
Date : 22/07/2022.
ORDER BELOW APPLICATION (EXHIBIT NO.10) :
1. This is an application filed by the plaintiff for the
proposed amendment in respect of the typographical mistakes took
place in the plaint, para No.2 and they would like to amend the
plaint to that effect i.e. the words typed as 'grandfather' instead of
'elder father' and the words typed as 'soninlaw' instead of
'grandson'. They have prayed that they may be permitted to amend
the plaint whenever the abovesaid words appearing in the plaint.
They have prayed that the application may kindly be allowed.
2. Defendant Nos.1 and 2 have filed their handwritten say
on the application vide Exh.10 and contended that the application is
not maintainable or tenable in law or infact more particularly
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2 RAD Suit No.185 of 2021
Exh.No.10
schedule of proposed amendment is not given in which paragraph
amendment is to be carried out, is not specified. Moreover plaintiff
is claiming to be tenant, it is surprising that she do not know the
relations between defendant Nos.1 and 2 whom plaintiff claims to be
landlord. Suit is filed in the year 2021 and present application is
moved on 12/4/2022 after lapse of more than one year. It cannot be
said that alleged mistake occurred in plaint is typographical error. It
can be mistake of giving incorrect facts due to lack of knowledge.
Moreover this application is moved after no written statement order
was passed and after defendant Nos.1 and 2 appeared and filed
application for setting aside exparte order dated 23/9/2021 was
moved on 11th January, 2022. Hence, the present application for
amendment has no merits and deserves to be dismissed with
compensatory costs.
3. Heard both sides.
4. Considering the amendment application of the plaintiff,
handwritten say filed by defendant Nos.1 and 2 on Exh.10, the Court
has gone through the record and proceedings of the matter and after
hearing of both sides, it is clear that there are typographical mistakes
in the plaint as per the amendment application and this Court think
it proper to allow the amendment application. If the amendment
application is allowed, then no prejudice will be caused to defendant
Nos.1 and 2. On the contrary, it will help the Court to adjudicate the
suit on merit. Therefore, this Court think it proper to allow the
amendment application. The plaintiff is permitted to carry out the
amendment in the plaint that the words typed as 'grandfather'
instead of 'elder father' and the words typed as 'soninlaw' instead of
'grandson'. In the result, this Court pass the following order.
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3 RAD Suit No.185 of 2021
Exh.No.10
ORDER
1. The amendment application vide Exh.10 is allowed.
2. Plaintiff to carry out the amendment in the plaint
within stipulated period and to supply the copy of
amended plaint to the defendants.
3. Costs in cause.
4. Both parties to note the order.
Bandra Mumbai. ( G. J. Shrisunder )
Date : 22/07/2022. Judge, C. R. No.32.
Order dictated & typed on : 22/07/2022.
Order checked & signed on : 22/07/2022.
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