Order 6

Order Details: Order on Exhibit
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CNR NO.MHSCA-30009232021
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.30
IN
R.A.D. SUIT NO. 391 OF 2021
1. Mr. Tarachand Mahadeo Dayma and anr. . . Plaintiffs.
Versus
1. Mr. Bhavesh Mohanlal Thakkar and ors. . . Defendants.
Coram : A.S. Pandagle, Judge
C.R.No.32
Date : 16/2/2024.
ORAL ORDER :
1. Perused the application and say filed thereon.
2. Heard both sides.
3. Present application is filed on behalf of defendant No.6
for permission to file written statement on record. By filing present
application it is contended that the defendant No.6 is ordered to be
added as defendant by order dated 7/10/2022. In the same order it
was directed to plaintiff to carry out necessary amendment in cause
title within 14 days, but the plaintiff has not carried out the
amendment, therefore submitted that the defendant may be
permitted to file written statement on record.
4. On the other hand, plaintiff by filing reply resisted the
application and contended that defendant No.6 was not party when
the application was made. Though allowed to be added but there
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was delay, the plaintiff has taken out an application for delay and the
same was allowed and subsequently he is added as party defendant
No.6 and hence application does not survive. The application may
be rejected.
5. After hearing both sides, gone through the contents of
the application and reply filed thereon, also gone through the record
of the proceedings. On perusal of record it appears that plaintiff
added defendant No.6 as a party defendant by way of carrying out
amendment in the plaint on 9/10/2023. Then after on 5/1/2024 the
plaintiff filed amended plaint. The present application is filed by the
defendant No.6 prior to carrying out the amendment by the plaintiff
in the plaint, therefore, at that time present application was
premature, now the amendment is carried out, name of defendant
No.6 added in the plaint, amended copy of the plaint is also
furnished to the defendant, therefore there is no hurdle to accept the
written statement of defendant No.6. Hence, I proceed to pass the
following order.
ORDER
1. Application is allowed.
2. Defendant No.6 is permitted to place his
written statement on record.
Sd/-
Bandra - Mumbai. ( A.S. Pandagle )
Date : 16/2/2024. Judge, C. R. No.32.
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