Final Order 1

Order Details: Chamber summons
Pdf Text: Order on C/S.56-2020 1 Su.No.1027-2015
MHCC010004542020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.56 OF 2020
(CNR No. MHCC01-000454-2020)
IN
L.C. SUIT NO. 1027 OF 2015
Shri Idar Choudashi Topodhan
Brahaman Seva Sangh – Mumbai and 7 Ors ]... Plaintiff
Versus
Municipal Corporation of Greater
Mumbai. ]...Defendant
And
M/s G. P. Developers. ]…Respondent.
Appearances:-
Ld. Advocate Mr. G.S. Bhat for the Plaintiff.
Ld. Adv. Ms. Hajare for defendant /MCGM.
CORAM : HIS HONOUR JUDGE
SHRI DR. U. J. MORE
(Court Room no. 8)
DATED : 04th March, 2021
ORDER ON CHAMBER SUMMONS NO. 56 OF 2020
1. This is Chamber Summons filed by the plaintiff be allowed
to amend the plaint to add respondent as the defendant No.2 to the suit
-- 1 of 4 --
Order on C/S.56-2020 2 Su.No.1027-2015
proceedings, and add Paragraphs after paragraph 14 of the plaint, as
14(a) to 14 (C ), add prayers after prayer (b) of the plaint, as b(i) to
b(iii), and add prayers after prayer (c ) of the plaint, as (c)(i) as per
the Schedule annexed to the Affidavit in support of Chamber Summons.
2. On the other side the defendant No1, has strongly objected
to the chamber summons. It is stated that, the Chamber summons taken
out by plaintiff is not at all maintainable. The amendment sought by
plaintiff, if allowed the nature of suit will change, which is not allowed.
Hence, Chamber Summons taken out by plaintiff be dismissed with cost.
3. Heard, both sides at considerable length.
4. Thus, the party has to bring on record the facts regarding
the subsequent events by way of amendment of the pleadings and party
has to establish their evidence accordingly. Where, the defendant would
get right opportunity to lead evidence and object plaintiffs evidence on
merit. Therefore, there is no question of diligency at the instance of
plaintiff. There are certain subsequent events needs to be incorporated
in the body of plaint to decide controversial issues on merit. It reveals
from the Chamber Summons that, plaintiff is seeking compensation
from the defendant No. 2 in the capacity as a developer as well as for
proper temporary alternate accommodation till plaintiff got permanent
alternate accommodation. I am of the opinion that in view of the law
settled by Hon’ble Bombay High Court in Writ Petition No. 1135 of
2014, the guideline is issued regarding the responsibility of the
developer and owner. I am of the opinion that plaintiff rightly pointed
out that, the developer is necessary party in the body of the plaint as a
-- 2 of 4 --
Order on C/S.56-2020 3 Su.No.1027-2015
defendant No.2. The purpose of Order 6, Rule 17 of Code of Civil
Procedure, 1908 is to promote ends of justice and not to defeat the law.
Hence, I am inclined to pass following order :
ORDER
1. Chamber summons No. 56 of 2020 is allowed and
made absolute in terms of prayer clause (a) only.
2. The Plaintiffs are directed to carry out amendment in
plaint as per schedule annexed to chamber summons
within two weeks.
3. Plaintiff shall provide the copy of amended plaint to the
defendants.
4. Chamber summons No.56 of 2020 is disposed off
accordingly.
(Dr. U. J. More)
Judge,
Date : 04/03/2021 City Civil Court, Gr. Mumbai
Dictated on : 04/03/2021
Transcribed on : 04/03/2021
Signed by HHJ on : 06/03/2021
-- 3 of 4 --
Order on C/S.56-2020 4 Su.No.1027-2015
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.03.2021 at 12.15 p.m.
NAME OF STENOGRAPHER : Mr. Ganesh Suryawanshi.
Name of the Judge (With Court
Room no.)
HHJ Dr. U. J. More.
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
04.03.2021
JUDGMENT/ORDER signed by
P.O. on
06.03.2021
JUDGMENT/ORDER uploaded
on
06.03.2021
-- 4 of 4 --