Interim Order 2

Order Details: Order on Exhibit
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CNR No. MHSCA-3000-4272021
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
ORDER BELOW EXH.19
IN
T.E. Suit No.101 of 2021
1. David Da Silva ..Plaintiffs.
V/s.
1. Manori Beach Resorts Pvt. Ltd. And ors. ..Defendants.
Coram : K.M. Kayangude,
Judge, C.R. No. 38 (B.B.)
Date : 17.02.2024
Oral Order :
Perused the application and reply. Heard Ld. Advocate for
the plaintiff. The defendants and their Ld. Advocate remained absent
when repeatedly called 1.00 pm. No adjournment application on record.
2. The plaintiff is seeking incorporation of one more ground
of eviction of denial of title. It is a matter of fact that after filing a
written statement by the defendant by denying the title of plaintiff, the
plaintiff is seeking amendment in the plaint. Therefore, the cause of
action to raise this new ground occurred subsequently after filing of the
suit. In order to avoid the multiplicity of the proceedings the proposed
amendment is essential. Moreover, to decide the whole controversy by
single suit it is a fit case to allow the proposed amendment. No
prejudice will cause to the defendants as they are liberty to file their
additional written statement. The trial of the suit is also yet not
commenced. Therefore, taking into consideration all these facts and
circumstances it is a fit case to allow the application. Accordingly
following order :
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O R D E R :
1. The application Ex.19 is hereby allowed.
2. The plaintiff to carry out necessary amendment
and produce amended copy of the plaint
within 14 days.
[ dictated and pronounced in open Court.]
Sd/-
(K.M. Kayangude)
Date : 17.02.2024 Judge, C.R. No. 38 (B.B.)
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