The Bombay High Court allowed a Chamber Summons for amendment of plaint in a civil suit, setting a timeline for filing the amended copy while keeping merits and limitation pleas open.
Chamber Summons made absolute for amendment of plaint; amendment to be carried out 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.
13 chs417-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.417 OF 2014 IN
SUIT NO.269 OF 2014
M/s.Vora Estate and Anr. ...Applicants (Org.Plaintiffs) In the Matter between: M/s.Vora Estate and Anr. ...Plaintiffs vs M/s.Nazir Abdulla & Sons and Ors. ...Defendants .....
Mr.Rajiv Narula i/b M/s.Jhangiani Narula and Associates for the Plaintiffs
Mr.Shreepad Murthy with Mr.Abhijeet Singh i/b Ms.Shobha Mehra for defendant nos.2 to 8
CORAM : S.C. GUPTE, J. DATED : SEPTEMBER 3, 2014
P.C. :
1 The Chamber Summons is for amendment of the plaint by making certain averments as also prayers in respect of the agreement dated 4th May, 1996, being Exhibits 'C' and 'D' to the plaint and consequential reliefs.
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13 chs417-14.doc
2 Defendant no.1 is not represented before the court. The learned counsel for defendant nos.2 to 8 has no objection to the Chamber Summons being allowed subject to his rights and contentions in respect of the amendment including the reliefs sought to be added, including the plea of limitations, being kept open.
3 Chamber Summons is accordingly made absolute in terms of prayer clause (a).
4 Amendment be carried out within a period of two weeks. Amended copy of plaint be served on the defendants.
5 All rights and contentions of the parties in respect of merits of the averments and prayers are expressly kept open including the plea of limitation. There shall be no order as to costs.
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M/s. Vora Estate and Anr.
M/s. Nazir Abdulla & Sons and Ors.
S.C. GUPTE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
