Final Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Ch-S No.242-19 in Su 362-17
CNR NO.MHCC01-012981-2017
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.242 OF 2019
IN
L.C. SUIT NO.362 OF 2017
Shri Tehsildar Shyamlal Rajbhar ]....Plaintiff.
Versus
1. Shri Rajesh Shyamlal Rajbhar ]
2. Municipal Corporation of Greater ]
Mumbai. ]... Defendants.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 26th April, 2019.
Mr. N. V. Shukla, Advocate for plaintiff.
Ms. Tondwalkar, Advocate for Defendant No.2/BMC.
O R D E R
1. The plaintiff has taken out this Chamber Summons to amend the
plaint in terms of Schedule of the amendment i. e. to replace
“Flat No.264” by “Flat No.624” in the plaint and all proceedings of the
suit. It is plaintiff's case that a typographical error has creeped in and so
the description of the suit premises needs to be corrected. The error is
neither deliberate nor intentional.
2. Defendant No.1 has opposed the Chamber Summons on the
ground that prior to one year he has filed Affidavit in reply to the Notice
-- 1 of 3 --
: 2 : Ch-S No.242-19 in Su 362-17
of Motion and has categorically pointed out above error. The plaintiff did
not take steps to carry out the amendment and has argued the Notice of
Motion. While dictating the order on Notice of Motion the Court pointed
out this error to the plaintiff and thereafter the plaintiff has taken out
this Chamber Summons. The plaintiff has wasted the valuable time of
the Court and so Chamber Summons be dismissed with compensatory
costs.
3. Perused. Heard.
4. The Notice Exh. H to the plaint reveals that, the Flat number
mentioned in it is 624. The address of defendant No.1 in the plaint also
has mention of Flat No.624. However, in paragraph No.1 of the plaint
Flat No.264 is mentioned. The plaintiff intends to correct the same. If
this amendment is allowed no harm is going to be caused to the
defendants. Considering the nature of amendment sought, this is a fit
case in which it can be allowed. The delay on the part of plaintiff to seek
this amendment is of no consequence considering the nature of
amendment sought. Hence the Order:
ORDER
1. Chamber Summons No.242 of 2019 is made absolute in terms of
prayer Clause (a).
2. Plaintiff to carry out the amendment in the plaint on or before
next.
sd/
(A.N. MARE)
Judge,
26/04/2019 City Civil Court, Mumbai.
Dictated On : 26.04.2019
Transcribed on : 30.04.2019
HHJ Signed on : 30.04.2019
-- 2 of 3 --
: 3 : Ch-S No.242-19 in Su 362-17
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
02.05.2019 05.50 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
26.04.2019
JUDGEMENT /ORDER signed by
P.O. on
30.04.2019
JUDGEMENT /ORDER uploaded
on
02.05.2019
-- 3 of 3 --