Interim Order 3

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000417-2022)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.16
IN
R.A.D. SUIT NO.197 OF 2022
Mr. Shashikant Madhukar Jadhav .... Plaintiff
Versus
1. M/s. Sanghvi Brothers
and others …. Defendants
M/s. Pandey & Company, Advocates for the plaintiff.
Shri. Jasut Pendhari i/b. Mrs. Snehal Modi, Advocate for defendant
Nos.2 and 3.
Coram : Shri. A. J. Fatale, Judge.
C.R.No.34 (BB).
Date : 29.11.2023.
ORAL ORDER :-
1. Perused the application filed by plaintiff, handwritten
say given by Advocate of defendant Nos.2 and 3 and record.
2. Heard Advocates of both parties.
3. Present application is filed by plaintiff for granting
permission to add the internal page No.9 to the plaint of present suit.
4. It is contended by plaintiff that he has filed present RAD
suit against defendants for declaration of tenancy rights more
particularly mentioned in the plaint. While filing present suit,
internal page No.9 was missing, which was noticed by Advocate of
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defendant while drafting their written statement. Accordingly, it
came to his notice that due to mistake, internal page No.9 is missing
from the plaint. Exh-A annexed with present application is internal
page No.9 which is required to be annexed with plaint. If, the reliefs
as prayed for are not granted, then plaintiff will suffer irreparable
loss, which cannot be compensated in terms of money. On the
contrary, no such harm or prejudice would be caused to defendants, if
the application is allowed. While adding page No.9 neither nature of
suit nor the cause of action will be changed. Plaintiff has lastly
prayed for allowing the application.
5. Advocate of defendant Nos.2 and 3 has given
handwritten say and opposed the application contending that in the
event application is allowed, defendants will be given opportunity to
file additional written statement.
6. It appears from record that present suit is filed by
plaintiff against defendants for declaration and injunction more
particularly mentioned in the plaint. On perusal of the plaint, it
appears that the plaint is of 1 to 22 pages. However, it appears that
page No.9 is missing and page No.10 is printed on both sides of page.
7. On perusal of Exh-A annexed with the application, it
appears that this page No.9 is in continuation of page No.8, which is
missing. On perusal of the plaint, it appears that while taking
printouts of plaint, page No.10 of the plaint is printed on both sides,
but page No.9 is not printed. So, the non-filing of page No.9 appears
to be bonafide printing mitake. If, the application is allowed then no
prejudice would be caused to the defendants as defendants will also
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get an opportunity to defend the same. No nature of the suit will be
changed, in the event of filing page No.9 in the plaint. Filing of page
No.9 of the plaint on record appears to be necessary for deciding the
suit on merit. Application filed by plaintiff deserves to be allowed.
Hence, I pass the following order:-
: ORDER :
1. Application is allowed.
2. Plaintiff is permitted to annex page No.9 to
the plaint by filing amended plaint and its
copies for other side on record on or before
next date.
3. No order as to costs.
Sd/-.
(A. J. Fatale)
Date : 29.11.2023 Judge, C.R.No.34(BB).
Order Dictated & Typed on : 29.11.2023
Order Checked & Signed on : 29.11.2023
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