Kalyani Yellappa Dhotre And 2 ORS v. Rajnikant Bhau Baip And 8 ORS

35.CHS-1550-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1550 OF 2015 WITH NOTICE OF MOTION NO.1681 OF 2015 IN SUIT NO.841 OF 2015 Kalyani Yellappa Dhotre & Ors. ....Applicants/Plaintiffs V/s.

Rajnikant Bhau Baip & Ors.

....Defendants ---- Mr. E.A. Sasi a/w. Mr. Manish Gaikwad for the applicants/plaintiffs. Ms. Triveni Jain i/b. Markand Gandhi & Co. for the defendant nos.7 & 8.

---- CORAM : K.R.SHRIRAM,J DATE : 16th NOVEMBER, 2016 P.C.:- CHAMBER SUMMONS NO.1550 OF 2015 This chamber summons is taken out for leave to amend the plaint as per the Schedule annexed thereto. The counsel appearing for the defendant nos.7 and 8 strongly opposes the chamber summons and submits that they have in the affidavit in reply to the notice of motion taken out by the plaintiffs raised the issue of limitation under Section 9A of the Code of Civil Procedure and, therefore, unless that is disposed of this amendment should not be permitted. Gauri Gaekwad

35.CHS-1550-2015.doc I have considered the Schedule of amendment. The amendments sought are basically typographical errors. Therefore, I see no reason why this amendment should not be permitted. In the circumstances, the chamber summons is allowed and accordingly disposed of in terms of prayer clause - (a). The amendment to be carried out within two weeks from today and copy of the amended plaint to be served within one week thereafter.

(K.R.SHRIRAM,J) Gauri Gaekwad