IN THE HON’BLE CITY CIVIL AND SESSIONS COURT, MUMBAI.

ORDINARY ORIGINAL CIVIL JURICDICTION

Civil suit No. 319 of 2012

Chetan Bhagat s/o Shekhar Bhagat, Hindu, aged 40 years,

r/o 121/C, Jalsa bungalows, Santacruz, Mumbai, 302021. [Plaintiff]

Versus

Raju Hirani s/o Sanjay Hirani, Hindu, aged 43 years,

r/o G-22, Galaxy Apartment, Bandra, Mumbai, 302011. [Defendant]

A.A. No – 4

Mr. Raju Hirani [Applicant]

v/s

Mr. Chetan Bhagat [Opponent]

APPLICATION UNDER ORDER VI RULE 17 ON BEHALF OF THE APPLICANT FOR

AMENDMENT OF THE WRITTEN STATEMENT

The applicant hereby request/pray the amendment in the written statement of para 5

for the reasons stated in the affidavit attached.

GROUNDS:

i) That the aforesaid proposed amendment is not inconsistent with the original version

of the applicant taken in the written statement.

ii) The applicant agrees with the facts but since this matter was about a year ago the

applicant got confused in the certain matters.

iii) As the matter is yet in sub juice, this Hon’ble court has the authority to take

cognizance of the events relating to the subject matter of the Written Statement

that transpire during the pendency of this suit under Order 6 Rule 17 of the CPC.

iv) That the amendment is not inconsistent with the written statement submitted

earlier.

v) That applicant humbly seeks permission of this Learned Court to raise additional

grounds at the stage of arguments.

The plaintiff is ready to pay the costs of the same.

PRAYER:

In aforementioned circumstances, it is humbly prayed that this Hon’ble Court may allow the

applicant to amend their written statement in the afore-titled application.

Place: Mumbai (Maharashtra) Mr. Raju Hirani

Date: 25th June, 2012 (Applicant)

 AFFIDAVIT

IN THE HON’BLE CITY CIVIL AND SESSIONS COURT, MUMBAI.

ORDINARY ORIGINAL CIVIL JURICDICTION

Civil suit No. 319 of 2012

Mr. Chetan Bhagat [Plaintiff]

v/s

Mr. Raju Hirani [Defendant]

I, Raju Hirani, s/o Sanjay Hirani, Hindu, aged 43 years, r/o G-22, Galaxy Apartment,

Bandra, Mumbai, 302011, the defendant above named, do hereby solemnly affirm and

declare as under:

1. That titled civil suit is pending for adjudication before this Learned Court for today

i.e. 25th June 2012.

2. That, the applicant humble submit that the para 5 of the written statement is as

follows;

‘That, on the same day, the defendant and the plaintiff further entered into the written

agreement that the defendant would pay Rs. 35,00,000 /- (Thirty-five lakhs) to the plaintiff in
return of the permission to use the playwright of the plaintiff. The copy of the said agreement

is annexed herewith as Annexure A’

the applicant humbly seeks indulgence of this Learned Court for seeking permission to

amend paragraph No. 5 of the written statement; proposed amendment is as following:

‘That, on the same day, the defendant and the plaintiff further entered into the written

agreement that the defendant would pay Rs. 45,00,000 /- (Forty-five lakhs) to the plaintiff in

return of the permission to use the playwright of the plaintiff. The copy of the said agreement

is annexed herewith as Annexure A’

3. That inadvertently, aforesaid fact i.e. proposed amendment was wrongly added in the

written statement, therefore, humbly requested that the permission is sought from this

Learned Court for amendment of written statement as stated above inter-alia on the

following.

Solemnly declared: Mr. Raju Hirani

At Mumbai, Maharashtra, (Defendant)

On the 2nd October, 2012.