Final Order 1

Order Details: Other
Pdf Text: 61 Dt:08.12.2023
SU 1177/2015
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Babu h/f Bhat for Plaintiff present
Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC
present.
None for Defendant No. 2
Following order is passed on Ch/S No.55/2020.
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
incorporate contention regarding entitlement of the
plaintiff for permanent alternate accommodation and relief
to that effect. It is stated that after filing suit, defendant No.
2 to check of the suit premises. By order dated 07.05.2015
this Court has directed defendant No. 2 to make
arrangement of proper alternate accommodation or to
provide compensation or rent. Therefore plaintiff is seeking
permission to incorporate contention in respect of
entitlement of plaintiff for alternate accommodation. It is
further submitted proposed amendment is just and
necessary for adjudication of dispute.
2. Defendant/BMC No. 1 opposed ch/s stating that if the
amendment is allowed there will be change in nature of
suit. Hence ch/s is not maintainable.
3. Deft No. 2 opposed chamber summons while filing
reply dated 30.01.2020. It is stated that proposed
amendment tantamount to changing cause of action. The
ch/s is filed with sole intention to delay the trial of the suit.
The Suit is posted for evidence of plaintiff but in order to
prolonge the trial of the suit, present ch/s has been taken
out. The plaintiff is seeking to incorporate contention in
respect of relief to which this Court has no jurisdiction and
small causes Court has jurisdiction. On this ground deft no.
2 prayed for dismissal of ch/s.
4. Heard Adv. for the plaintiff and Adv for deft/BMC.
None present for deft No. 2, hence matter proceeded
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further without argument of deft No. 2. Perused Ch/S,
affidavit in support thereof and documents on record.
5. The plaintiff has taken out the Ch/S for amendment in
the plaint. The plaintiff is seeking permission to incorporate
contentions regarding entitlement of the plaintiff for
permanent alternate accommodation and relief to that
effect. It is stated that after filing suit def No. 2 to
possession of the suit premises. By order dated 07.05.2015
this Court has directed deft No. 2 to make arrangement of
proper alternate accommodation or to provide
compensation or rent.
6. The law on the point of amendment is well settled. The
Court has to be liberal while allowing amendment in the
plaint at pretrial stage if proposed amendment is just and
necessary, there is no likely to change in nature of the suit
and no prejudice would cause to other side. I gone through
the proposed amendment. The plaintiff is seeking
permission to insert contention in respect of his entitlement
for permanent alternate accommodation. The plaintiff has
challenged notice u/s 354 of MMC Act.
7. 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.
8. The Suit is at pretrial stage. The plaintiff by way of
proposed amendment, seeking permission to incorporate
pleading in respect of his entitlement Permanent alternate
accommodation. The plaintiff has challenging notice under
354 of MMC Act for demolition of dilapidated building.
Thus, it appears 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 No.
54/2020 deserves to be allowed. Hence, I pass following
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order-
O R D E R
1. Chamber summons 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. Chamber Summons stands disposed of accordingly.
Adjd to 09.01.2024 for Compliance
Judge
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