Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.241 OF 2019
CNR NO.:MHCC010012632019
IN
L.C. SUIT NO. 1979 OF 2018
Bhaskar Chandrakant Padman and others ...Plaintiffs
Versus
The Municipal Corporation of Gr. Mumbai and Anr. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 19th JULY, 2019.
Advocate Mr. Yadav h/f. Advocate Mr. B.P. Shukla for the Plaintiffs.
Advocate Ms. Manda Loke for defendant No.1/MMC.
Advocate Mr. Pratap Singh for defendant No.2.
O R A L O R D E R
1. Perused. Heard.
2. The plaintiff is seeking amendment in the plaint to bring on
record subsequent TAC Report and also intends to plead the grounds
seeking nullity of said Report. Amendment is also sought in prayer
clause challenging the appropriateness of the TAC Report dated
07.09.2018.
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2 Ch.Sum. No.241/2019 in L.C. Suit No.1979/2018
3. The amendment is opposed by defendant No.1 on the ground that
the plaintiffs should have amended the plaint, before filing of Written
Statement by defendant No.1. This Court has observed that, 'principle of
natural justice were not followed' and the structural audit report was
called for. The report is rightly prepared. Though, these are subsequent
developments, plaintiffs could have amended the plaint at the earliest.
Considering the amendment as sought, the nature of suit will be
changed. If plaintiffs intend to challenge the TAC Report, they will have
to file fresh suit.
4. After hearing Advocates for the parties, it is clear that the events
sought to brought on record by way of amendment, are the subsequent
events. The trial is yet to be began. It is settled legal position that pretrial
amendments are to be liberally allowed. When he amendment is found
relevant and necessary in order to decide the lis between the parties
effectively and completely, the plaintiff cannot be directed to file another
suit to challenge the TAC Report. One of the aims and objects of
amendment is to reduce the multiplicity of litigation. In view of this, I
hold that Chamber Summons needs to be allowed. Hence, the order:
ORDER
1. Chamber Summons No. 241 of 2019 is allowed in terms of prayer
clause (a).
2. Plaintiffs shall carry out the amendment in the plaint on or before
next date.
3. The plaintiffs shall thereafter serve on the defendants the copy of
amended plaint and shall also supply to the Court a copy thereof.
4. Defendants are at liberty to file additional Written Statement.
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3 Ch.Sum. No.241/2019 in L.C. Suit No.1979/2018
5. Costs in cause.
(A.N. MARE)
Judge,
19.07.2019 City Civil Court, Mumbai.
Dictated On : 19.07.2019
Transcribed on : 19.07.2019
HHJ Signed on : 02.08.2019
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4 Ch.Sum. No.241/2019 in L.C. Suit No.1979/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
03.08.2019 10.40 a.m. S.S. POUL (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
19.07.2019
JUDGEMENT /ORDER signed by
P.O. on
02.08.2019
JUDGEMENT /ORDER uploaded
on
03.08.2019
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