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Bombay High CourtWP/1965/2017disposed off

Satinder Pal Singh Ahuja v. Satwant Kaur Ahuja And ORS

2018-12-05Hon'Ble Shri Justice B.P. Colabawalla3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1965 OF 2017 Mr Satinder Pal Singh Ahuja

...Petitioner

vs Mrs Satwamt Lair Ahuja & Ors.

...Respondents

.....

Mr Ish Jain i/b Kiran Jain & Co. for the Petitioner. Mr Piyush Raheja a/w Mr Zulfikar Jariwala a/w Ms Radha Kapadia i/b Thakore Jariwala & Associates for the Respondents. .....

CORAM : B.P.COLABAWALLA, J.

DECEMBER 05, 2018.

P.C. :

By this Writ Petition, the Petitioner (original Plaintiff) is seeking to challenge the order passed by the City Civil Court dated 17th November, 2016, in Chamber Summons No.1583 of 2016 in Suit No. 4047 of 2008. This Chamber Summons No. 1583 of 2016 was filed by Defendant Nos.3 and 4. Originally, Defendant Nos.3 and 4 were Plaintiff Nos.2a and 2b and since there were certain disputes between Plaintiff No.1 and Plaintiff Nos.2a and 2b, they were transposed as Defendant Nos.3 and 4. This was done pursuant to an order passed in Chamber Summons No.2057 of 2015.

It is not in dispute that there was a schedule annexed to Pg 1 of 3

Chamber Summons No. 2057 of 2015 seeking an amendment of the plaint and that Chamber Summons was allowed without any restriction and limitation. Despite this, the Plaintiff failed to carry out the amendments as set out in the schedule to Chamber Summons No.2057 of 2015. It was for this reason that Chamber Summons No. 1583 of 2016 was taken out in which the impugned order has been passed and the Plaintiff has been directed to carry out the necessary amendments.

After I have heard the learned advocate for the parties at some length, both the parties have agreed before me that the amendments to the plaint could be carried out, but in terms of the schedule that has been tendered before me today and which is taken on record and marked "X" for identification.

In these circumstances, it is ordered that the Plaintiff shall carry out the amendment in the plaint as set out in the schedule tendered before me today within a period of two weeks from the date of a receipt of copy of this order. Barring this modification, the impugned order stands. The Writ Petition is disposed of in the aforesaid terms. There shall be no order as to costs. Pg 2 of 3

All parties including the Trial Court are directed to act on an authenticated copy of this order.

(B.P.COLABAWALLA, J.) Pg 3 of 3