Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.2219/2019 1 Ch/Sum. No.155/2020.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 155 OF 2020
(CNR No.MHCC01-001103-2020)
IN
L.C. SUIT NO. 2219 OF 2019
(CNR No.MHCC01-008163-2019)
Mohd. Shakeel Khan ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 24/02/2021.
Mr. N.K. Dubey Advocate for Plaintiff.
Ms. Mhatre Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken this Chamber summons under Order-6 Rule-17
of CPC, 1908 for amendment of plaint.
2. Mr. N.K. Dubey Advocate for plaintiff has submitted that plaintiff
has filed present suit and initially he has challenged the notice and
speaking order. According to the plaintiff, he has not served notice as
well as order. Therefore, the notice and order are illegal. Therefore, it
is necessary to amend the plaint and also add prayer clause (a) in
-- 1 of 3 --
L.C.Suit No.2219/2019 2 Ch/Sum. No.155/2020.
respect of the same.
3. Ms. Mhatre Advocate for Defendants / MCGM has submitted that
chamber summons is not maintainable. Plaintiff has not come with a
clean hands. Hence, prayed to dismiss the chamber summons.
4. Perused the record. According to the plaintiff, he has not served
the notice as well as speaking order. Plaintiff has challenged very notice
and speaking order in the suit. I have perused the schedule of
amendment. By way of proposed amendment, nature of the suit does
not change. Hence, following order.
ORDER
1. Chamber Summons No.155/2020 is made absolute in term
of prayer clause (a).
2. Plaintiff is directed to carry out amendment within two
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 24/02/2021. Mumbai.
1. Dictated on : 24/02/2021.
2. Transcribed on : 24/02/2021.
3. Signed on : 24/02/2021.
-- 2 of 3 --
L.C.Suit No.2219/2019 3 Ch/Sum. No.155/2020.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24/02/2021. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 24/02/2021.
Judgment/Order signed by P.O. on 24/02/2021.
Judgment/Order uploaded on 24/02/2021.
-- 3 of 3 --