Order 1

Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 17
IN
R.A.E. SUIT No. 341 of 2022
(MHSCA3000647-2022)
Smt. Chandrakanta Chamanlal Oberoi ...Plaintiff
V/s.
Ganga Singh Achhar Singh Sour ...Defendants
AND
Tripat Chamanlal Oberoi ..Applicant
AND
Namrita Sharma Alias
Namrita Chamanlal Oberoi and ors. ..Respondents.
Coram : A. J. Fatale,
Judge, C.R.No.32 (B.B.),
Date : 17.02.2026
ORAL ORDER :
Perused the application, reply filed by advocate for the
defendant overleaf of the application and record. Heard advocate for
the defendant and gone through written notes of argument filed by
the advocate of applicant.
2. This is an application filed by the advocate for applicant
for modification of application dated 13.08.2024 (Exh.16). It is the
contention of the applicant that, applicant has moved the amendment
application for bringing legal heirs of the plaintiff on record. The
applicant has received the correct address of the respondent No.2 to
4 which was inadvertently mentioned same as plaintiff address in
/home/steno32/Desktop/Chandraprakash/17 Feb/Exh 17 RAE Suit No.341 of 2022 application of modification of application.odt
-- 1 of 3 --
that amendment application. Therefore, applicant prayed to grant
permission to modify the application dated 13.08.2024 (Exh.16).
3. The advocate for the defendant has strongly objected the
application. It is the contended that, the applicant has deliberately
not recorded correct address and also not served copy to the
respondents. The applicants not recorded about matter pending in
Hon’ble High Court and no rights to applicant in the property of
deceased plaintiff. There is delay in taking out the present application
and amendment application is pending. The application not signed by
the applicant and there is no verification. The applicant has come
with unclean hands and suppress the facts before the the Court.
Therefore, defendant prayed to reject the application.
4. On perusal of the record, it appears that, the applicant
has filed application Exh.16 for granting permission to make
amendment in the plaint and for bringing on record heirs and legal
representatives of the deceased plaintiff. As per contention of
applicant, he and the respondents are heirs and next to keen of
deceased plaintiff. By filing this application (Exh.17) plaintiff wants
to bring correct addresses of respondent No.2 to 4 in amendment
application (Exh.16). It appears that, the applicant has inadvertently
mentioned the address of respondents No.2 to 4. The fate of the
application (Exh.16) will be decided on the merit. In fact, bringing
true and correct facts on record by allowing this application will be
helpful to adjudicate the Exh.16 in right and proper manner. In my
opinion no prejudiced would be caused to the defendant in the event
of allowing the application. Hence, I pass the following order :
/home/steno32/Desktop/Chandraprakash/17 Feb/Exh 17 RAE Suit No.341 of 2022 application of modification of application.odt
-- 2 of 3 --
:: ORDER ::
1. Application is allowed.
2. Applicant is allowed to mentioned correct address of
respondents No.2 to 4 in application Exh.16 by filing
amended application and its copies for other side on
record on or before next date.
(A. J. Fatale)
Judge, C.R.No.32 (B.B.)
17.02.2026
Dictated on : 17.02.2026
Checked & signed on : 17.02.2026
/home/steno32/Desktop/Chandraprakash/17 Feb/Exh 17 RAE Suit No.341 of 2022 application of modification of application.odt
-- 3 of 3 --