Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum.213/18 in L.C.Suit No.470/09
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.213 OF 2018
IN
L.C. SUIT NO.470 OF 2009
Mahendra Kumar Chimanlal Panchal
Aged 49 years, Occ. Business,
Indian Inhabitant of Mumbai,
Carrying business at Mahendra
Steel Company Industry,
Shed No.3, Gala No.10,
Bharat Coal Compound, Bail Bazar,
Kurla, Mumbai400070. Plaintiff.
V/s.
The Municipal Corporation of Greater Mumbai,
Ward 'L' having its office at Ward L,
S.G. Barve Marg, Kurla (W),
Mumbai – 400 070. Defendants.
Advocate Mr. Sunil Singh for plaintiff.
Advocate Mr. Khandagale for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 23rd JULY, 2018
ORAL ORDER
The plaintiff has filed present Chamber Summons for
amendment of the plaint. Plaintiff submits that he filed the suit, thereby
challenging the notice dated 04.11.2008 issued under Section 354A of
MMC Act. When the matter kept for recording the evidence, advocate
for the plaintiff asked him about the reply of the notice dated
04.11.2008. Plaintiff has not given any reply and in urgency he filed the
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:2: Ch/Sum.213/18 in L.C.Suit No.470/09
present suit. His advocate informed him after receiving the notice under
Section 354A of MMC Act that he has to give reply to the said notice.
On 27.11.2017 plaintiff filed reply, therefore, he has taken out this
Chamber Summons to add subsequent event that reply filed by him on
27.11.2017. Therefore, he filed present Chamber Summons to bring the
said fact on record. Hence, he prayed to allow his Chamber Summons.
2. Defendants/corporation filed their reply, thereby strongly
objected present Chamber Summons on the ground that this Chamber
Summons is taken to fill up the lacuna, which has been noticed by the
advocate for the plaintiff at belated stage. At the time of filing the
evidence the plaintiff has came to know that there was no reply filed by
him to notice dated 04.11.2008. Only to fill up the lacuna after 8 years,
plaintiff sent the reply on the notice. To fill up the lacuna and to seek
the benefit, the plaintiff has to follow the due process of law. By filing
this Chamber Summons the plaintiff do not want to bring the
subsequent event on record but want to fill up the lacuna. Since 2009
plaintiff failed to reply the notice issued by Defendants/corporation
under Section 354A of MMC Act dated 04.11.2008. Enough
opportunity is given to the plaintiff to produce evidence before the
Court. Hence, there is no substance in seeking the amendment.
Therefore, prayed to reject the application.
3. Heard both the sides.
As per Order VI Rule 17 of the CPC, the Court may at any
stage of the proceedings allow either party to alter or amend his
pleadings in such a manner and on such terms as may be just, and all
such amendments shall be made as may be necessary for the purpose of
determining the real questions in controversy between the parties.
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:3: Ch/Sum.213/18 in L.C.Suit No.470/09
4. In the present matter the plaintiff is not coming before the
Court with clean hand. In the year 2008 he has received the notice
issued by BMC under Section 354A of MMC Act dated 4.11.2008. At
the time of filing the evidence in year 2017 the plaintiff came to know
that he has not filed the reply to said notice, thereafter only to fill up
the lacuna he filed reply. By seeking the amendment no party is given
right to fill up the lacuna in their suit. By sending the reply to BMC in
year 2017 it cannot be said to be subsequent event. The amendment
which the plaintiff sought to carry out, is not necessary for the purpose
of determining the real question in controversy between the parties.
Hence, I proceed to pass following order :
ORDER
Chamber Summons No.213/18 is rejected.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 23/07/2018.
Dictated on : 23/07/2018
Transcribed on : 24/07/2018
Signed on : 24/07/2018
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:4: Ch/Sum.213/18 in L.C.Suit No.470/09
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
25/07/2018 At 12.24 p.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
23/07/2018
Judgment/Order signed by P.O. on 24/07/2018
Judgment/Order uploaded on 25/07/2018
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