Full Judgment Text
1 32.chs.1663.2016s.1502.2007.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 1663 OF 2016
IN
SUIT NO. 3502 OF 2007
M/s. Padmavati Developers .. Applicant
In the matter between :
M/s. Padmavati Developers .. Plaintiff
Vs.
Mr.Azim Kasam Mansoori .. Defendant
Mr.Abhijeet Rane a/w. Ms.Pooja Kharat i/b Dahibawkar & Co. for plaintiff.
Mr.Pritesh Vasant Bhagat for defendant.
CORAM : K.R.SHRIRAM, J.
TH
DATE : 29 AUGUST 2017
P.C.
1 This chamber summons is taken out for leave to amend the plaint. The
suit filed is for specific performance. According to plaintiff, the mandatory
averment as required under Section 16(c) of the Specific Relief Act, 1963
that plaintiff was and is ready and willing to perform their obligations under
the contract has been missed out and if the amendment is not permitted, the
suit itself may get dismissed.
2 This is a pre-trial amendment. Under Section 16(c) of the Specific
Relief Act, 1963 an averment that plaintiff was and is ready and willing to
perform its obligation under the contract is mandatory. It is settled law that
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2 32.chs.1663.2016s.1502.2007.doc
if such an averment is absent, then it would amount to failure to disclose the
cause of action and it would entitle the Court to reject the plaint under Order
VII, Rule 11 of the Code of Civil Procedure, 1908. Therefore, refusal to
allow the amendment would deprive plaintiff of a valuable right which had
accrued to him.
3 Since this is a pre-trial amendment, I am inclined to allow this
chamber summons. The chamber summons is allowed in terms of prayer
clause (a) and disposed accordingly. The schedule for the proposed
th
amendment is the schedule annexed to the further affidavit dated 29 August
2017 filed by one Anant Rane, Partner of the plaintiff.
4 Plaintiff to amend the plaint and serve a copy of the amended plaint
within three weeks from today. Within one week of receiving the amended
plaint, defendants to file their additional written statement.
th
5 The suit be listed for directions on 6 October 2017.
(K.R. SHRIRAM, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 1663 OF 2016
IN
SUIT NO. 3502 OF 2007
M/s. Padmavati Developers .. Applicant
In the matter between :
M/s. Padmavati Developers .. Plaintiff
Vs.
Mr.Azim Kasam Mansoori .. Defendant
Mr.Abhijeet Rane a/w. Ms.Pooja Kharat i/b Dahibawkar & Co. for plaintiff.
Mr.Pritesh Vasant Bhagat for defendant.
CORAM : K.R.SHRIRAM, J.
TH
DATE : 29 AUGUST 2017
P.C.
1 This chamber summons is taken out for leave to amend the plaint. The
suit filed is for specific performance. According to plaintiff, the mandatory
averment as required under Section 16(c) of the Specific Relief Act, 1963
that plaintiff was and is ready and willing to perform their obligations under
the contract has been missed out and if the amendment is not permitted, the
suit itself may get dismissed.
2 This is a pre-trial amendment. Under Section 16(c) of the Specific
Relief Act, 1963 an averment that plaintiff was and is ready and willing to
perform its obligation under the contract is mandatory. It is settled law that
Shraddha Talekar PS
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2 32.chs.1663.2016s.1502.2007.doc
if such an averment is absent, then it would amount to failure to disclose the
cause of action and it would entitle the Court to reject the plaint under Order
VII, Rule 11 of the Code of Civil Procedure, 1908. Therefore, refusal to
allow the amendment would deprive plaintiff of a valuable right which had
accrued to him.
3 Since this is a pre-trial amendment, I am inclined to allow this
chamber summons. The chamber summons is allowed in terms of prayer
clause (a) and disposed accordingly. The schedule for the proposed
th
amendment is the schedule annexed to the further affidavit dated 29 August
2017 filed by one Anant Rane, Partner of the plaintiff.
4 Plaintiff to amend the plaint and serve a copy of the amended plaint
within three weeks from today. Within one week of receiving the amended
plaint, defendants to file their additional written statement.
th
5 The suit be listed for directions on 6 October 2017.
(K.R. SHRIRAM, J.)
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