Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100326/2019
Shri Rupesh Pawar Vs 1. MCGM 2. Commissioner 3. Assistant Commissioner 4. Assistant
Engineer
Date : 06-02-2019
Business : Plff present. Adv Ms.Dissa for plff present. Adv Mrs.Bhoir
for BMC/deft. present. Draft ch/sum @ affidavit tendered
by plff. It is TOR Order - Leave is granted to register the ch/
sum. Order on draft ch/sum - Perused the contents of the
chamber summons, reply filed by the defendant corporation
on the overleaf of the chamber summons and heard both
parties. The plaintiff is seeking amendment in plaint to
make averrments in respect of legality of suit structure and
to add prayers in the plaint. The defendant corporation has
objected the proposed amendment on the ground that
certain documents are referred again and said amendment
cannot be allowed as the plaintiff has remedy to file fresh
suit after change of cause of action. Upon perusal of plaint
and proposed amendment, it cannot be said that the said
amendment is sought on different cause of action. The
plaintiff merely wants to add alternative prayers. Issues are
not yet framed in this suit. The matter was fixed for written
statement of the defendant. Therefore, it is clear that the
chamber summons is filed before commencement of
hearing. As such the same is liable to be granted. Hence,
draft chamber summons is granted and made absolute in
terms of prayer clause (a). Plaintiff is directed to carryout
amendment accordingly on or before next date. Draft
chamber summons be register for statistical purpose.
Nature of Disposal : ALLOWED
Disposal Date : 06-02-2019
COURT 8 ADDL SESSIONS JUDGE
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