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Bombay High CourtCHS/434/2015disposed off

Shri Ramdas Ramchandra Joshi v. Mrs. Indirabai Joshi And 4 ORS.

2015-11-30Hon'Ble Shri Justice A. K. Menon2 pages

*1* 30.chs-434.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.434 OF 2015 IN SUIT NO.101 OF 2015 WITH NOTICE OF MOTION (L)NO.2163 OF 2014 IN SUIT NO.101 OF 2015 Ramdas Ramchandra Joshi ...Plaintiff V/s.

Mrs. Indirabai Joshi & 4 Ors.

...Defendants ............

Mr. Rahul Singh for the Plaintiff.

Ms. Madhura Dalvi i/b. Anil Desai for the Defendant nos.1 to 5. ...........

CORAM : A. K. MENON, J.

DATE : 30TH NOVEMBER, 2015.

P.C.:

The present Chamber Summons is taken out by the plaintiff seeking amendments to the plaint in terms of the schedule annexed with the Chamber Summons. The learned counsel for the plaintiff submits that the Chamber Summons are duly served upon all the defendants vide affidavit of service dated 21st July, 2015. The same is already on record. 2] As far as proposed defendant no.6 is concerned, the packet is returned "unclaimed". However, there is no affidavit-in-reply to oppose

*2* 30.chs-434.15.doc the amendment. Having perused the same, I am inclined to grant the amendment. Liberty to the defendants to file their reply, if any, in the Notice of Motion.

3] Chamber Summons is made absolute in terms of prayer clause (a).

4] Amendment to be carried out on or before 5th December, 2015.

5] Reply to be filed on or before 11th December, 2015. 6] List the matter on 15th December, 2015.

(A. K. MENON, J.) wadhwa