Order 6, rule 17 of the cpc
Sadanand B. Panchal
(Querist) 19 October 2012
This query is : Resolved
Respected Experts,
I have after having valuable advice from the respected members, Lawyers of Lawyersclubindia, taken out a Chamber Summons to amend my Plaint and N/M with 4 Exhibits and new prayers to my Suit before Hon’ble City Civil Court.
Since during the pendency of the Suit and N/M the Defendants raised the illegal constructions by disturbing my other easements in the suit open space taking benefit of the fact that my ad-interim relief was refused by the Hon’ble Court. Further I discovered proceedings of Hon’ble Court that the Defendant is not owner of the property Suit open space. Therefore I have taken out the Chamber Summons. There are 4 Exhibits, 3 declaration prayers, 6 pending hearing... prayers and 19 paragraphs to be amended.
Yesterday when I was going to tender the said Chamber Summons before the Hon’ble Court, the Defendant objected it stating that the Amendment sought by the Plaintiffs were voluminous. The Hon’ble Court firstly inspected the earlier proceedings whether any Leave or special Leave granted to the Plaintiffs and thereafter directed the Defendant to file reply to the Chamber Summons and the Hon’ble Court then made my Chamber Summons returnable to further date.
Kindly explain me what is Leave or special Leave to file Chamber Summons. Please inform me whether if the amendment particulars are voluminous, will Hon’ble Court disallow entire amendment on this ground? Please inform me equivalent Authorities (Citations) of the Hon’ble Court to my matter.
Thanks in Advance for your prosperous help.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 02 December 2012
Your prayer is proper keeping in view the details submitted by you. I think you might have obtained the desired relief.
