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Bombay High Court

Mohinder Kaur Wd/O Late Darshan Singh ... vs Amarjitsingh Chandlok (Deleted) on 12 June, 2019

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

                                                                12.nms.536.2014.doc

dik
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         O.O.C.J.

                            NOTICE OF MOTION NO. 536 OF 2014
                                      IN
                                  SUIT NO. 786 OF 2013

          Mohinder Kaur w/o Late Darshan Singh Chawla            ...Applicant/
                                                                    Plaintiff.
                      vs
          Rabinder Kaur Chandok & Ors.                          ...Defendants.

              Digitally
                                       WITH
              signed by     NOTICE OF MOTION NO. 1883 OF 2015
              Dhanappa I.               IN
  Dhanappa    Koshti
                                   SUIT NO. 786 OF 2013
  I. Koshti   Date:
                                             WITH
              2019.06.13
              12:52:38       NOTICE OF MOTION NO. 87 OF 2016
              +0530                     IN
                                   SUIT NO. 786 OF 2013
                                            .....
           MS Preeti Shah for the Applicant/Plaintiff in NMS No.536 of 2014 and
           NMS No. 1883 of 2015.
           Ms Pamel Dalal I/b M.P.Vashi & Associates for Defendant No.2.
           Ms Jyoti Chavan AGP for Respondent Nos.5 to 7
           Mr Parminder Singh,CA of Mrs Mohinder Kaur Chawla, Defendant
           No.3 present in person.
                                            .....

                                 CORAM :    B. P. COLABAWALLA, J.

JUNE 12, 2019.

P.C. :

By by order dated 8th March, 2019 passed in Chamber Summons No. 1197 of 2018, the amendment sought of the plaint was allowed. The plaint was amended not only to include the substantive prayer clauses d(1) and d(2) but also interim prayers e(1) and e(2) Pg 1 of 2
12.nms.536.2014.doc respectively. In paragraph four of my order, it was ordered that the amendment to be carried out in the plaint as well as in all proceedings pending therein. Despite this order, I am informed today that the office is taking objection to allow the plaintiff to amend Notice of Motion No. 1883 of 2015 insofar as adding prayer clauses e(1) and e(2) are concerned which form part of the schedule to the Chamber Summons.

2 In these circumstances, the office is directed to allow the plaintiff to amend Notice of Motion No. 1883 of 2015 by adding prayer clauses e(1) and e(2) as set out in the schedule to the Chamber Summons. Re-verification, if any, is dispensed with. The amendment shall be carried out within a period of one week from today. Place these Motions on board on 26th June, 2019. The plaintiff shall serve the amended copy of Notice of Motion No. 1883 of 2015 on all the defendants on or before the next date.

(B.P.COLABAWALLA, J.) Pg 2 of 2