Chamber permit granted to amend civil plaint challenging Archbishop approval refusal and adding facts/defendants deemed non-prejudicial.
Chamber summons made absolute allowing amendment to clauses (a) and (b); amended plaint to be served within one week.
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.419 OF 2010 IN
SUIT NO.1539 OF 2008
Rational Art and Press Pvt. Ltd. … Plaintiff. Vs Our Lady of Salvation Church & Ors. … Defendants And
St. Michaels Medical Trust & Ors. … Respondents
Mr Yusuf ali i/b M/s Yusuf & Associates for Applicant/plaintiff. Mr Clive D'Souza for defendant Nos.1 to 5.
CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 19, 2013.
P.C.
By this chamber summons, plaintiff seeks amendment of the plaint
in terms of the schedule.
plea of the defendant was accepted by the learned single Judge.
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19-CHS-419/10
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prayers clauses (a) and (b). Amendment be carried out within two weeks from today. Amended copy of the plaint shall be served upon the defendants as well as newly added defendants within one week from the date of carrying out amendment. No order as to costs.
( R.D.DHANUKA, J.)
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2 issues framed by the court
Whether to permit amendment to plaint under chamber summons by challenging Archbishop's decision on property sale approval.
Whether amendments adding fact and impleading new defendants would cause prejudice.
Rational Art and Press Pvt. Ltd.
Our Lady of Salvation Church & Ors.
St. Michaels Medical Trust & Ors.
R.D.Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
