High Court of Bombay allowed the appellant to approach the trial court for amendment of plaint/addition of parties due to transfer of suit property; appeal disposed. Relieved of duty to object to amendment.
Liberty to move trial court for amendment of plaint and addition of parties.
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APPlodg251-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (LODGING) NO. 251 OF 2012 IN NOTICE OF MOTION NO.2856 OF 2011 IN SUIT NO.2360 OF 2011
Mr.Raghu B.Pujari. … Appellant Vs.
Shri Jamuna Ramlal Yadav & anr. … Respondents
Ms.S.A.Dhamale, for appellant.
CORAM : MOHIT S. SHAH, C.J. & N.M. JAMDAR J. Monday, August 13, 2012.
P.C.:
Learned counsel for the appellant / original plaintiff states that inspite of the statement made before the learned single Judge on 30 September 2011, respondent No.1 (Defendant No.1) has transferred the suit property to a third party through the Power of Attorney, who in turn has given out the suit property on leave and licence basis in favour of a fourth party.
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APPlodg251-12
amendment of the plaint and for addition of the parties. The appeal is accordingly disposed of with liberty to take the aforesaid steps.
CHIEF JUSTICE
N.M.JAMDAR, J.
Mlns
1 issue framed by the court
Whether the appellant may amend the plaint and add parties suit property transferred to third parties after filing.
Raghu B. Pujari
Jamuna Ramlal Yadav
Mohit S. Shah
N. M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
