Divyesh Constrtuction Pvt. Ltd. And Heeralal M. Doshi v. Sandeep Virsen Solanki And Pradeep Virsen Solanki

77.CHS.1274.18 in S.216.11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1274 OF 2018 IN SUIT NO. 216 OF 2011 Heeralal Meghraj Doshi ...

Applicant (Orig. Plaintiff No.2) In the matter between Divyesh Construction Private Limited & Anr.

...

Plaintiffs

Versus

Sandeep Virsen Solanki & Anr.

...

Defendants Mr. Nikhil Karnawat a/w Sneha Patil i/b Nivit Srivastava for the Plaintiff. Ms. Richa Singh i/b G.C. Singh for the Defendants. CORAM :R.I. CHAGLA, J.

DATED : 28th AUGUST, 2019.

P.C. :

By this Chamber Summons the Applicant is seeking amendment of Exhibit A to the plaint i.e. schedule of the property, in terms of the schedule annexed to the Chamber Summons. The Defendants have been served with the Chamber Summons. In the schedule of amendment, the only amendment sought is in the third line of the schedule of the property at Exhibit 'A' to the plaint that instead of "C.T.S. No.157/157/B" this should be substituted with "C.T.S. Nos.157 and 157/2".

Waghmare 1/2

77.CHS.1274.18 in S.216.11.doc The learned Counsel for the Applicant refers to a public notice issued by the Original Defendant which clearly mentions the correct C.T.S. Nos.157 and 157/2 and which public notice has been exhibited to an affidavit filed by Plaintiff No.2 in Notice of Motion No.277 of 2011 taken out in the above Suit.

It appears that there has been an inadvertent error in typing of the C.T.S. numbers in Exhibit 'A' to the plaint as in paragraph 1 of the plaint the correct C.T.S. Nos.157 and 157/2 have been mentioned. Further, this is apparent from the public notice issued by the Original Defendant wherein the correct C.T.S. numbers have been mentioned and this has been exhibited in the Notice of Motion taken out by the Plaintiffs in the above suit. Considering that there has been an inadvertent error in typing of the C.T.S. numbers as C.T.S. Nos.157 and 157/2, which has been erroneously typed as C.T.S. No.157/157/B, the Chamber Summons deserves to be allowed in terms of prayer clause (a). The Plaintiff shall carry out the amendment within a period of one week from the date of this order.

The Chamber Summons is accordingly disposed of. (R.I. CHAGLA, J.) Waghmare 2/2