Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S NO.87 OF 2020
CNR:MHCC01-000684-2020
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.87 OF 2020
IN
L.C.SUIT SUIT NO.1700 OF 2010
Shri Bharat Brahmadutta Singh Thakur .. Plaintiff
V/s.
The Municipal Corporation of
Greater Mumbai. .. Defendant.
Appearance:
Adv. Bipin Joshi for plaintiff.
Adv. Smt. Soraan for MCGM/ defendant.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR.
BOMBAY
(C.R. NO.05).
DATE : 25.07.2022
ORDER
1 This Chamber Summons is taken out by the plaintiff for
allowing him to carry out amendment in the suit plaint as per
schedule annexed to the Chamber Summons. Defendant's Adv.
has replied the chamber Summons and opposed the same.
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2 Heard Adv. for plaintiff and Adv for defendant at
length. Perused the record.
3 Plaintiff has stated in the Chamber Summons that
during pendency of the suit, wooden cubical partition wall
admeasuring 3 ft. 2 inch x 5 ft. 6 inch as stated in the show cause
notice dt.25th August, 2018 has been removed by him in the month
of October 2019 and the same no more remains in existence.
Hence, he wants to bring this fact on record that notice structure
of wooden cubical partition wall is now not in existence. It is
stated that if this amendment is allowed, no harm or prejudice will
be caused to the defendant and said fact arose as subsequent
event. Therefore, earlier amendment could not be carried out.
4 Defendant has opposed the application stating that
there is no proof to show that the wooden cubical partition wall
has been removed by the plaintiff. The amendment is not justified.
Hence, Chamber Summons may be rejected.
5 On perusal of Chamber Summons, it reveals that the
plaintiff wants to bring some facts on record which allegedly
occurred subsequent to the filing of the suit. As per his
submission, wooden cubical partition wall has been removed by
him. The impugned notice shows other structures also. Therefore,
it is for the plaintiff to prove it on merit that some of the notice
work has been removed by him. Undoubtedly, it will be part of
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evidence and at present juncture, plaintiff cannot be denied to
carry out amendment in the pleadings regarding facts which
occurred subsequent to the filing of the suit. As per record,
alleged removal of wooden cubical partition wall took place in the
month of October 2019. The suit is of the year 2010. There
appears reasonable cause as to why the amendment could not be
carried out earlier. The plaintiff has sufficiently shown reasons for
which the amendment could not be complied prior to commence
of the suit even after due diligence. Amendment relates to one of
the notice structure and therefore, it appears that the plaintiff is
entitled to amend the plaint and pleadings regarding said change.
Defendant's defence will not be prejudiced by this amendment as
they will get adequate opportunity to carry out consequential
amendment in the written statement, if they want.
6 Hence, considering aforesaid discussion, I hold that the
plaintiff has made out case for allowing him to carry out
amendment in the suit plaint.
7 Resultantly, Chamber Summons deserves to be made
absolute in terms of prayer clause(a) of the Chamber summons.
Hence, following order is passed.
ORDER
1 Chamber Summons No.87 of 2020 is made absolute in
terms of prayer clause(a) of Chamber Summons.
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2 Plaintiff is directed to carry out amendment as per
schedule annexed to the Chamber Summons on or before next
date.
3 Consequential amendment to follow.
4 Chamber Summons is disposed off.
Date: 25/07/2022.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on : 25/07/2022.
Typed on : 25/07/2022.
Signed on : 25/07/2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
25/07/2022. 05.05 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
25/07/2022.
JUDGMENT/ORDER signed by
P.O.on
25/07/2022.
JUDGMENT/ORDER uploaded on 25/07/2022.
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