Chamber summons made absolute to amend plaint and implead defendant nos. 4 and 5 due to third party rights created; amendment to be carried out within two weeks. Plaintiff directed to serve amended copy of plaint on defendants.
Amendment of plaint to implead defendant nos. 4 and 5 directed to be carried out within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY . ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 545 OF 2013 IN SUIT NO. 3365 OF 2007
Mr. Tapas Kumar Ghosh
… Petitioner
Versus
Mr. Afzal Sulaeman Mansuri and Ors.
… Respondents
Mr. Abjhijeet Naik i/by Mr. Rajesh Khobragade for the petitioner.
CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 06, 2013. P.C.
The learned counsel for the plaintiff tenders affidavit of service which indicates that the defendants as well as proposed defendants are served. Affidavit of service is taken on record. By this chamber summons plaintiffs seek to amend the plaint and seek to implead defendant nos. 4 and 5 in the plaint in view of defendant no.1 to 3 informing the plaintiff during the course of hearing of Notice of Motion that third party rights are already created in favour of defendant nos. 4 and 5. None appears for the proposed defendants. For the reasons recorded in the affidavits in support of the chamber summons, Chamber summons is made absolute in terms of prayer clause (a). Amendment tobe carried out within two weeks. Plaintiff is directed to serve amended copy of the plaint along with annexures on the defendants as well as proposed defendants ordered to be added today, within
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37-chs-545.2013.sxw
two weeks from the date of amendment.
(R.D.DHANUKA, J.)
Tapas Kumar Ghosh
Afzal Sulaeman Mansuri
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
