Disposed

Mrs. Falguni Dinesh Thakkar, Mumbai. v. 1.BHAVNESH Harish Gandhi, Mumbai and 7 Ors. and Smt.Shakuntalaa Wd/O. Bhalchandra Raawat, Mumbai.

Bombay HC6 Oct 2009CHS/1562/2009

Case brief

AI extract

What is this about?

The single judge bench granted leave to amend the prayer clause of a notice of motion to delete words regarding pending proceedings. The chamber summons was consequently allowed and made absolute to bring a new respondent on record within two weeks.

What did the court decide?

Leave granted to amend prayer clause; chamber summons allowed and made absolute.

Mrs. Falguni Dinesh Thakkar, Mumbai. Vs… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO. 1562 OF 2009

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APPEAL NO. 281 OF 2008

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IN NOTICE OF MOTION NO. 3938 OF 2005 IN NOTICE OF MOTION NO. 3817 OF 2006 IN SUIT NO. 3313 OF 2005

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........Appellants/Orig.Defd no.7

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Mrs.Falguni Dinesh Thakkar V/S. Bhavnesh Harish Gandhi & Ors. .....Respondents AND Smt.Shakuntala w/o.Bhalchandra Rawat

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...Non-party Respondent.

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Ms.Nisha Parmar, adv.for appellants.

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Mr.P.N.Patwardhan i/by.A.Bharat & Co.,adv.for respondent no.3.

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Mr.Niranjan Lapasiya i/by.Niranjan & Co.,adv. for respondents no.6 to 8.

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CORAM : J.N.PATEL, &

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: SMT.R.P.SONDURBALDOTA, JJ.

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DATED : 6th OCTOBER, 2009.

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P.C. :

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Heard learned counsel for the parties.

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The learned counsel appearing for the appellants, who is original

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defendant no.7 states that she may be granted leave to amend prayer clause (a)

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to the extent of deleting the words that without prejudice to the pending“ proceedings and the orders passed therein from prayer clause (a) in order to” bring in tune with the requirement of law. Leave granted. Amendment to be carried out forthwith.

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The amended prayer clause (a) is reproduced as under :

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“(a). The proposed respondent be permitted to be brought on record as Respondent no.5(a) as a heir and legal representative of the deceased respondent no.5 and the Appeal and other proceedings be permitted to be amended as per the Schedule annexed hereto and amendments incidental and consequential thereto be allowed to be

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carried out. “

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Chamber Summons is allowed and made absolute in terms of prayer clause (a). Necessary amendment to be carried out within a period of 2 weeks from today. Notice be sent to the newly added respondent, returnable after 6 weeks. Notice be sent by R.P.A.D. in addition to usual mode of service. S.O.6 weeks.

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[ SMT.R.P.SONDURBALDOTA, J] [ J.N.PATEL, J]

Mrs. Falguni Dinesh Thakkar, Mumbai. v. 1.BHAVNESH Harish Gandhi, Mumbai and 7 Ors. and Smt.Shakuntalaa Wd/O. Bhalchandra Raawat, Mumbai.

Case brief

What is this about?

What did the court decide?

Mrs. Falguni Dinesh Thakkar, Mumbai. v. 1.BHAVNESH Harish Gandhi, Mumbai and 7 Ors. and Smt.Shakuntalaa Wd/O. Bhalchandra Raawat, Mumbai.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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