Full Order Text
Final Order 1 · 21 Apr 2018 · CNR MHCC010004712018
Order Details: Chamber summons Pdf Text: 1 Ch.S.no.80-2018 in L.C.Suit no.1628-2009 CNR MHCC010004712018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. CHAMBER SUMMONS NO.80 OF 2018 IN L.C. SUIT NO.1628 OF 2009 Bhaichand Amoulik & Co] ... Plaintiff. Versus 1. The Municipal Corporation of ] Greater Mumbai, Mumbai & Anr. ]... Defendants. Coram : M.S. Deshpande, Judge (Court Room no. 05) Date : 21st April, 2018. Mr. Dubhash i/b Malvi Ranchoddas & Co, advocate for Plaitiff. Ms. Patil for MCGM. ORDER 1. The Plaintiff has taken out this Chamber Summons proposing amendment to the plaint consequent upon the receipt of notice dated 01/01/2018 by the defendant no.2. 2. According to Plaintiff, the defendant corporation has issued the notice dated 01/01/2018 to defendant no.2, who is the lessee of the suit building. The Plaintiff is tenant of defendant no. 2. In the said notice, there are certain allegation regarding unauthorized construction carried out to the premises held by the plaintiff, which premises are suit premises in the present suit and for which a notice U/sec 351 of MMC -- 1 of 3 -- 2 Ch.S.no.80-2018 in L.C.Suit no.1628-2009 Act has been issued by the defendant and is impugned in the present suit. The plaintiff, by the proposed amendment, wishes to bring on record these fact and seek a declaration about the aforesaid notice. According to Ld. Adv for plaintiff, by the proposed amendment, the nature of suit will not change. 3. On the other hand, Ld. Adv for defendant corporation submits that the plaintiff has no authority to challenge the said notice and seek any declaration about the same as the said notice has been issued to the defendant no.2. According to her, the amendment is not necessary for the purpose of this suit. The defendant no.2 and his advocates are absent, when called out. 4. Considering the nature of the suit, nature of the notice dated 01/01/2018, and involvement of the suit premises, in the said notice, the proposed amendment appears necessary for determination of matter in dispute. The merits of the amendment need not be looked into while deciding the application for amendment. However, if the amendment is allowed it will not change the nature of the suit and will curtail multiplicity of proceedings. Therefore the following order is passed. ORDER 1. The Chamber Summons No. 80 of 2018 in Suit No. 1628/2009 is made absolute in terms of prayer clause (a). 2. The amendment be carried out on or before 05.05.2018. sd/ (M.S. Deshpande) Adhoc Judge, City Civil Court, Mumbai. Directly Typed on : 21/04/2018. Signed by HHJ on : 21/04/2018. -- 2 of 3 -- 3 Ch.S.no.80-2018 in L.C.Suit no.1628-2009 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGN JUDGMENT/ORDER.” UPLOAD DATE AND TIME : 23.04.2018 At 03.30 p.m. NAME OF STENOGRAPHER : Mrs. V. U. Pawar Name of the Judge (With Court Room no.) HHJ Shri. M. S. Deshpande C.R. no.05 Date of Pronouncement of JUDGMENT/ORDER 21.04.2018 JUDGMENT/ORDER signed by P.O. on 21.04.2018 JUDGMENT/ORDER uploaded on 23.04.2018 -- 3 of 3 --