Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 8 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100182/2020
Mr. Ayub Nasibullah Khan Vs The Asst. Municipal Commissioner and Anr.
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
COURT 8 ASST SESSIONS JUDGE
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