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Bombay High CourtCHS/186/2017disposed off

Khyati Jagdish Khanna @ Khyati Saji Abraham v. Jyoti Jagdish Khanna And 4 ORS

2018-07-24Hon'Ble Shri Justice G.S. Patel2 pages

27-CHS186-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 186 OF 2017 IN SUIT NO. 344 OF 2015 Khyati Jagdish Khanna Alias Khyati Saji Abraham ...Plaintiff

Versus

Jyoti Jagdish Khanna & Ors ...Defendants Ms Aditi Naikare, i/b Pradeep Thorat, for the Plaintiff.

Mr Cyrus Ardeshir, with Aarohee Gursale, i/b Dhaval Vussonji & Associates, for Defendants Nos. 3 & 4/Applicants. Mr Amit Singh, i/b Abhay Nevagi, for Defendants Nos. 1, 2 and 5. CORAM: G.S. PATEL, J DATED:

24th July 2018 PC:- 1.

Heard.

2.

The Chamber Summons is by Defendants Nos. 3 and 4 to amend the Written Statement. The trial has not yet begun. Issues have not been framed. The proposed amendment seeks to add further grounds. Strictly speaking the proposed paragraph B at page 4 is not even a pleading but is in the nature of argument. 24th July 2018

27-CHS186-17.DOC 3.

I will allow the amendment partly in terms of paragraph A of the Schedule. Paragraph B will be reserved for the stage of final arguments. It will not be a part of the pleading, nor a part of evidence.

4.

Amendment to be carried out within a period of two weeks from today. A copy of the amended Written Statement will be served on the Plaintiff's Advocates as also on the Advocates for the other Defendants.

5.

List the matter for framing issues on 14th August 2018. (G. S. PATEL, J) 24th July 2018