Order 1

Order Details: Chamber summons
Pdf Text: SU- 109/2018 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS
IN
LONG CAUSE SUIT NO. 109 OF 2018
(CNR No. MHCC010004302018)
Dindayal Vinaykumar Rai, Aged 42 ]
year, adult, Indian Inhabitant of ]
Mumbai having address at Gala no. 1]
and 2, Mustaque Ahmed Chawl, ]
Sunder Baug Lane, Kurla(West), ]
Mumbai400 070. ] ..Plaintiff
Versus
The Asst. Municipal Commissioner ]
“L” ward, MCGM office, new Market ]
building, S. G. Barve Marg, Kurla (W)]
Mumbai 400 070. ] ..Defendant
Advocate Mr. V. T. Dubey for the Plaintiff.
Advocate Ms. Hajare for the BMC/defendant.
CORAM : HER HONOUR JUDGE
MS S. P. PONKSHE
DATE : 25th January, 2018
(Court Room No. 11)
Oral Order.
1. This Chamber Summons has been taken out by the Plaintiff for
seeking amendment in the suit plaint.
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2. In support of chamber summons, the Plaintiff has filed
affidavit and disclosed that the Defendant has passed order on 24.01.2018.
The Plaintiff wants to challenge the said order. According to him the order
has been passed without considering the reply. It is averred that if present
amendment is allowed, no prejudice would be caused to the defendant.
Thus, prayed for allowing the chamber summons.
3. Advocate for the Defendant resisted the chamber summons on
the ground that if propose amendment is allowed, it will change nature of
the suit. Therefore, she has prayed for dismissal of chamber summons
4. Heard. Perused affidavit in support of chamber summons,
pleadings in the plaint and documents filed by the Plaintiff on record.
Perused order passed on 22.01.2018, it appears that the order has been
passed pursuance to notice dtd 5.01.2018. The same notice has been
challenged by the Plaintiff by filing the present suit. Now the Plaintiff
wants to challenge the order passed on 22.01.2018. Thus, proposed
amendment is nothing, but the subsequent event occurred during the
pendency of the present suit. Further, perused proposed amendment, if
proposed amendment is allowed, in the above circumstances, it will not
change the nature of the suit. Further to avoid multiplicity of the
proceedings proposed amendment is necessary to be allowed. Thus,
proposed amendment is to be allowed in the interest of the justice. With
this I proceed to pass the following order.
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SU- 109/2018 3
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause
(a).
2. The Plaintiff is directed to carry out amendment as per the schedule
annexed to the Chamber Summon on or before next date.
3. Draft Chamber Summons stands disposed of and it be registered for
statistical purpose.
Dated : 25.01.2018 (S. P. PONKSHE)
Judge,
City Civil Court,
Gr. Bombay.
1. Dictated online on : 25.01.2018
2. Signed on : 25.01.2018
3. Delivered to Certified :
Copy Section on
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30/01/2018 At 5.40 p.m. MRS VARSHA PAHURKAR
UPLOAD DATE AND TIME NAME OF THE TYPIST
Name of the Judge (With Court
Room No.)
HHJ MS. S. P. PONKSHE
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
25/01/2018
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Judgment/Order signed by P.O. on 25/01/2018
Judgment/Order uploaded on 30/01/2018
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