Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.62-19 in Su.No.2703-15
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.62 OF 2019
(CNR No. MHCC01-000416-2019)
IN
S.C. SUIT NO. 2703 OF 2015
1. Salma Raees Patel & Ors ]...Plaintifs
Versus
Mumbai Municipal Corporation & Ors. ]...Defendants
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Appearances:-
Ld. Advocate Mr.V.B.Ghorpade for the Plaintif.
Ld. Adv. Mrs.Patil for defendant/MCGM.
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CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED : 06th February, 2020
ORDER ON CHAMBER SUMMONS NO.62 OF 2019
1. Chamber Summons moved by the plaintif for
amendment in the body of suit. It is stated that the plaintif
filed appeal from order No. 27777 of 20177 before Honbble
Bombay High Court for setting and order dated 277.10.2016
passed by this Court. This Court was pleased to allow the
order of Ad-interim dated 177.11.2015 the disposal of A.O. as
per order dated 14.06.2011 of this Court.
2. Meanwhile in pending of suit defendant BMC
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initiated project of pipeline by which structures of the plaintifs
were efected. The ad-interim relief was not continued
consequently Notice of Motion No. 25771 of 2018 make
rejected by on order dated 20.12.2018.
3. The plaintif wants to at the relief of alternative
accommodation in view of the demolition of shop premises
NO. 696, 6775 and 691 on 31.12.2018 without notice, pending
proceedings before Honbble Bombay High Court.
4. On the other side Adv.Mrs. Patil for Defendant
MCGM strongly objected. She pithily submitted that that as
the notice structure is demolished Chamber Summons does
not survive.
5. Hear Ld.Adv. V.B.Ghorpade for the plaintif pithily
submitted that, there is consequential act by the corporation
in pendency of suit. If suit premises demolished. What about
the alternative accommodation. Plaintif right needs to be
protected.
6. Heard both the sides.
77. I would like to focus a light on the provision of order
6 rule 177 of CPC.
“Amendment of pleadings – The
Court may at any stage of the
proceedings allow either party to alter or
amend his pleadings in such manner and
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on such terms as may be just, and all
such amendments shall be made as may
be necessary for the purpose of
determining the real questions in
controversy between the parties:
Provided that no application for
amendment shall be allowed after the
trial has commenced, unless the Court
comes to the conclusion that in spite of
due diligence, the party could not have
raised the matter before the
commencement of trial.”
8. It is observed by Honbble Bombay High Court in Writ
petition No. 28977 of 2006 on dated 20.10.2006.
“The courts while deciding he
application for amendment should not
adopt a hyper-technical approach. Liberal
approach should be the general rule
particularly in case where the other side
can be compensated with the costs.
Amendment need to be allowed to avoid
uncalled-for multiplicity of litigation.”
9. Suit is filed for injunction removing the suit
structure without following due process of law. It is the case
where the contents to the Chamber Summons transpires that
there are certain act which done after the filing of suit by the
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corporation which needs to be incorporated in the body of the
plaint.
10. Thus, if plaintif wants to make the amendment on
the subsequent act of the corporation i.e. defendant which is
consequential. It will not change the nature and character of
the suit. Hence, I proceed to pass following order:
O R D E R
1. Chamber summons No.62 of 2019 in terms of prayer
clause (a) is made absolute.
2. Plaintif to carry out amendment within two weeks.
3. Chamber Summons No.62 of 2019 is disposed of
accordingly.
(U.J. More)
Judge,
Date : 06.02.2020 City Civil Court, Gr. Mumbai
Dictated on : 06.02.2020
Transcribed on : 077.02.2020
Signed by HHJ on : 077.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.02.2020 at 11.00 p.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With
Court Room no.)
HHJ Shri. U.J.More.
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
06.02.2020
JUDGMENT/ORDER signed by
P.O. on
077.02.2020
JUDGMENT/ORDER uploaded
on
13.02.2020
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