The court allowed a Chamber Summons permitting the Plaintiff to amend the suit prayer to declare specific premises as property of the Plaintiff's Hindu Undivided Family, ensuring a full trial in view of the pending nature of the case.
Chamber Summons is allowed; Plaintiff to carry out amendment within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.217 OF 2009 IN
SUIT NO.1218 OF 2006
Lilaram Ladharam Lalwani
...Plaintiff.
Vs.
Kishinchand Lilaram Lalwani & Ors.
...Defendants.
Ms. K.C.Nichani, Advocate for the Plaintiff. Mr.V.M.Talreja, Advocate for Defendant No.4.
Ms.Aditi Chavan i/by M/s. Ashwin Ankhad & Associates for Defendant No.3.
CORAM :- ANOOP V. MOHTA, J. DATED :- 8TH JUNE, 2009.
P.C.-
amendment again though initially when the suit was filed in City Civil Court before it got transfer to High Court, a prayer for declaration as sought in the present Chamber Summons was deleted at the objection stage of the suit. Now, the submission and prayer is made based upon
the averments already made in the plaint for an appropriate declaration that the suit premises is the property of plaintiff’s Hindu
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Undivided Family (HUF) and Defendant No.1, who is son of Plaintiff is co-pacener of the said HUF.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether to allow amendment to prayer in suit regarding property status of Plaintiff’s HUF.
Lilaram Ladharam Lalwani
Kishinchand Lilaram Lalwani & Ors.
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
