Padma Ashok Bhatt v. Tripuraprasad Pandya And 5 ORS And Sheetal Kalpesh And ANR (Respondents)

YBG 44-chs-130-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.130 OF 2017 IN SUIT NO. 264 OF 2012 Padma Ashok Bhatt ..Plaintiff -VersusTripura Prasad Pandya & Ors.

..Defendants Mr. Rahul Raut i/b M/s. N.N.Vaishnawa and Co. for Plaintiff Mr. T.R.Yadav i/b M/s. C.R.Naidu for Defendant No.1.

CORAM

:

K.R.SHRIRAM, J.

DATE :

10th April 2017.

P.C.

1] Mr. Rahul Raut appearing for plaintiff first stated that he wanted to withdraw the chamber summons because of certain discrepancies and the discrepancies were that the legal heirs of defendant No.3 who the plaintiff wanted to be added as defendant Nos. 3(a) and 3(b) are already on record as defendant Nos. 4 and 5 and the plaintiff instead of simply striking off the name of defendant No.3 has taken out the chamber summons for the reliefs as mentioned therein.

YBG 44-chs-130-17 2] To avoid multiplicity of proceedings, I am inclined to grant the prayers as sought by learned Counsel for the plaintiff by only striking off the name of defendant No.3 and consequently the defendant Nos. 4, 5 and 6 be re-numbered as defendant Nos. 3, 4 and 5. Mr. Mr. T.R.Yadav appearing for defendant No.1 has no objection. In the circumstances, leave to amend the plaint to strike off the name of defendant No.3 and renumber the defendant Nos. 4 to 6 as defendant Nos. 3, 4 and 5 is granted. Chamber summons is accordingly disposed of.

( K.R.SHRIRAM, J.)