Jayshree Mukesh Gotecha v. Jayesh Ramniklal Gotecha And Aruna Asit Mavani And ANR.(Pro.Def.)

939-CHS319-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 319 OF 2016 IN SUIT NO. 524 OF 2007 Jayashree Mukesh Gotecha ...Plaintiff

Versus

Jayesh Ramnikalal Gotecha ...Defendant And Aruna Asit Mavani & Another ...Prop.

Defendants Mr. Ashutosh R. Gole, for the Plaintiff.

Mr. A.K. Gopalan, i/b Haren Mehta & Co., for the Defendant. CORAM: G.S. PATEL, J DATED:

21st September 2016 PC:- 1.

This is the Plaintiff's Chamber Summons for amendment to add the two Respondents as Defendants Nos. 2 and 3 to the Suit and for other amendments in paragraph 7, as also to substitute Serial No. 2 of Exhibit "B" to the Plaint. Although a Written Statement has been filed, the trial has not yet commenced.

2.

For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clause (a). 21st September 2016

939-CHS319-16.DOC Amendment to be carried out on or before 7th October 2016. A copy of the amended plaint to be served on the Advocate for the original Defendant (now to be renumbered as Defendant No. 1), as also Defendants Nos. 2 and 3 on or before 14th October 2016. The Defendant No. 1 (original Defendant) will be entitled to file an additional Written Statement on or before 14th October 2016. This is to be filed and served on or before 2nd December 2016. By that date, the newly added Defendants Nos. 2 and 3 must also file their Written Statements.

3.

The Chamber Summons is disposed of in these terms with no order as to costs.

4.

List the Suit on 13th December 2016 for framing issues. (G. S. PATEL, J.) 21st September 2016