Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 49 OF 2018
CNR MHCC010002502013
IN
L.C.SUIT NO. 229 OF 2015
CNRMHCC010009242011
Mr.Sayeduzzman shamshuddin Khan )...Plaintiff.
V/s.
1. The Commissioner Municipal Corporation
of Greater Mumbai & Anr. )...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 09/01/2018.
Ld. Adv. Mansisha Munde for the plaintiff.
Ld. Adv. Mrs. Tadavi for defendants /BMC
ORAL ORDER
This chamber summons is taken out by the plaintiff for
amendment of the plaint. Perused the chamber summons and the
affidavit therein. The MCGM has opposed this chamber summons.
2. Heard both the sides.
3. Perused the chamber summons and affidavit. Initially the
plaintiff has filed the suit that the MCGM should follow the due process
-- 1 of 4 --
of law. It appears that the adinterim reliefs were granted. Meanwhile,
the MCGM by following due process of law has even passed the
speaking order. All these events occurred during the pendency of
present suit. The plaintiff intends to incorporate those facts and also
intends to challenge the notice and speaking order. To avoid
multiplicity of the proceedings ,in my opinion the proposed amendment
is necessary to be incorporated. Further more, the facts which has
occurred during the pendency of the suit are also necessary to be
incorporated for deciding the real questions in controversy between the
parties. Hence as per the provisions of Order 6 Rule 17 of the Civl
Procedure Code, I pass the following order.
ORDER
1. Chamber summons no. 49/18 is allowed and made
absolute in terms of prayer clause (a).
2. The plaintiff to carry out the amendment as per the
chamber summons within two weeks and shall supply the
copy of amended plaint upon the defendants within two
weeks thereafter.
3. Chamber Summons is disposed of accordingly.
(Kishore M. Jaiswal )
Asstt. Sessions Judge,
Date:09/01/2018. City Civil & Sessions Court,
Gr.Mumbai.
Dictated on :09/01/2018.
Transcribed on :10/01/2018.
Signed on :11/01/2018
-- 2 of 4 --
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: NAME OF STENOGRAPHER
12/01/2018 Mrs. V.V.Mhatre
TIME:2.57p.m.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.08)
Date of Pronouncement of
JUDGEMENT/ORDER
09/01/2018
JUDGMENT/ORDER signed by
P.O. on
10/01/2018
JUDGEMENT/ORDER uploaded on 12/01/2018
-- 3 of 4 --
-- 4 of 4 --