Date: 03-02-2020
Business: Plaintiff present.
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
KB L.O.
Adv. for plaintiff present and tendered original register ch/s No.182/2020 along with affidavit in support, original register NM No.283/2020 along-with affidavit in support and original writ of summons. t.o.r.
Copies of NM and ch/s are already served to defendant.
Adv. for defendant has given say on Exh-2 itself.
Heard both side.
Adv. for plaintiff orally submitted to file application .t.o.r. and marked as Exh-2.
Order below Exh-2-The application is disposed of.
Heard both side on Exh-2.
Adv. for defendant file reply ch/s No.182/2020 itself.
Order on ch/s No.182/2020
Plaintiff has moved the ch/s for making amendment in the body of plaint As the defendant has passed speaking order subsequently on 20.12.2019. plaintiff has challenged the speaking order dtd. 20.12.2019. On the other side corporation has objected and also submitted to the order of this Court.
Heard both side.
The suit is filed by challenging notice dtd. 19.12.2019 issued by defendant /corporation . Subsequently the MCGM I.e defendant was pleased to pass the speaking order on 26.12.2019 . This is subsequential Act which needs to be incorporated in the body of plaint. I am of the opinion the subsequential Act needs to incorporated to decide controversial issue on merit. It will not change nature and character of a Suit. Accordingly I passed the following order.
1. Prayer (b) in ch/s made absolute.
2. plaintiff to carried out amendment on or before next date.
3. Chamber Summons stand disposed of accordingly.
Earlier order, if any, to continue till next date.
Authenticated copies be given to the both parties.
Adjd to 06.03.2020 for compliance .
Nature Of Disposal: ALLOWED
Disposal Date: 03-02-2020
