Final Order 1

Order Details: Other
Pdf Text: 55 Dt:10.08.2023
SU 926/19
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Following order is passed on Ch/S No.32/2020
O R D E R
1. The plaintiff has taken out this Ch/S under order 6
rule 17 of CPC for amendment in the plaint. By way of
proposed amendment the plaintiff is seeking permission to
insert contention in respect of subsequent event of passing
speaking order dated 20.12.2019.
2. Adv. for defendant/corporation opposed chambers
summons stating that passing of speaking order is separate
cause of action and for that plaintiff can file separate suit .
3. Heard Adv. for the parties. Perused Ch/S, affidavit in
support thereof and documents on record.
4. The plaintiff has taken out the Ch/S for amendment in
the plaint. The plaintiff is seeking permission to insert
contentions in respect of subsequent event of passing
speaking order dated 20.12.2019. It is well settled that the
amendment of pleading at pretrial stage should be
normally allowed if no any prejudice or injustice is caused
to the other side and if the proposed amendment is
necessary for complete and effective adjudication of the
controversy involved in the suit and the nature of the Suit
is not likely to be changed as result of the amendment.
Hon’ble Apex Court in the matter of LIC V/s Sanjeev
Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 )
held that all the amendment are to be allowed which are
necessary for determining real question in controversy
provided it does not cause injustice and prejudice to other
side and this is mandatory as per provision of order 6 Rule
17 of the Civil Procedure Code.
5. In this case the Suit is at pretrial stage. By way of
proposed amendment plaintiff is seeking permission to
incorporate pleading in in respect of subsequent event of
passing speaking order dated 20.12.2019. Thus, it appears
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SU 926/19
that the proposed amendment is just and necessary for
effective and complete adjudication of the dispute. The
nature of Suit is not likely to be changed if the proposed
amendment is allowed and no prejudice or injustice would
cause to other side. Therefore, Ch/S deserves to be
allowed. Hence, I pass following order-
O R D E R
1. Ch/s No.32/2020 is made absolute in terms of prayer
clause(a).
2. Plaintiff to carry out necessary amendment within two
weeks.
3. Copy of amended plaint be served upon other side.
4. Ch/S No. 32/2020 stands disposed of accordingly.
Adjd to 21.09.2023 for Compliance
Judge
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