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Bombay High CourtCHS/821/2017disposed off

Rai Kumar Sadh v. Arihant Co-Operative Housing Society Limited And 29 ORS.

2018-01-29Hon'Ble Shri Justice G.S. Patel2 pages

13-CHS821-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 821 OF 2017 IN SUIT NO. 3175 OF 2008 Rai Kumar Sadh ...Applicant

Versus

Arihant Co-operative Housing Society Ltd & Ors ...Defendants Ms Sneha Phene, i/b Little & Co, for the Applicant.

Mr GN Salunke, for the Defendants No. 1 to 8 and 11 to 29. CORAM: G.S. PATEL, J DATED:

29th January 2018 PC:- 1.

The Chamber Summons seeks an amendment to the Plaint. Although some Written Statements are filed, issues are not yet settled. The amendment does not introduce a new cause of action or change the nature of the Suit. In my view, the amendment ought to be allowed.

2.

The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). Amendment to be carried out within three weeks from today. A copy of the amended Plaint will be served on the Advocates for the contesting Defendants and, where any of the 29th January 2018

13-CHS821-17.DOC Defendants are unrepresented, on those Defendants. The additional Written Statements by those Defendants who have already filed Written Statements shall be filed and served on or before 13th April 2018. Those Defendants who have not filed Written Statements so far well have a final extension till 13th April 2018 and not beyond to do so.

3.

List the Suit for framing issues on 18th April 2018. (G. S. PATEL, J) 29th January 2018