Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 367-19 In S.C. Suit No. 3203- 2004
1 Date 16.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.367 of 2019
IN
S.C. SUIT NO. 3203 of 2004
(CNR NO.MHCC01 0018862019)
Dinesh Bacchubhai Parekh .. Plaintiff
Versus
Navin Bacchubhai Parekh & Ors. .. Defendants
Appearances :
Adv. Mr. Jatin Vashi for plff. present.
Adv. Mr. K.R.Sonlanki for deft present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
C.R. No. : 7
Dated : 16.10.2019
ORDER
1. Plaintiff has filed instant Chamber Summons for amending
plaint and incorporating facts that in the month of January 2014,
the suit premises was demolished by Municipal Corporation and
suit Garrage is not in existance.
2. It is contended by the plaintiff that he has filed suit for
declaration that occupation of defendant no. 3 in the suit premises
i.e. Garrage premises admeasuring 200 sq. ft. situated on the
ground floor of Suresh Vithal Building, L. N. Road, Matunga,
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Chamber Summons 367-19 In S.C. Suit No. 3203- 2004
2 Date 16.10.2019
Mumbai – 400 002 is wrongly trespassed by the defendant no. 3
which has been inducted without consent and permission of the
plaintiff. It is contended by the plaintiff that the suit premises is
demolished in the month of January 2014 by BMC. It is necessary
to bring on record subsequent event.
3. It is submitted by the plaintiff that although trial has begin
but Crossexamination of the plaintiff witness is yet to begin. The
proposed amendment does not change the nature of the suit. The
proposed amendment is necessary for wholesome adjudication of
the controversy between the parties and no harm and prejudice
would caused to the defendants, if the present Chamber Summons
is allowed.
4. Chamber Summons is opposed by the defendant no. 1 by
filing say. It is contended by the defendant no. 1 that as suit
structure is not in existance, therefore, the suit itself liable to be
dismissed with cost. It is submitted by the defendant no. 1 that
fact of demolition of suit premises came to his knowledge only
after present Chamber Summons was served by the plaintiff. The
plaintiff was having knowledge of the aforesaid fact but he
supressed the aforesaid fact from the Court. Hence, defendant no.
1 prayed for dismissal of the Chamber Summons as well as suit.
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Chamber Summons 367-19 In S.C. Suit No. 3203- 2004
3 Date 16.10.2019
5. Heard both the sides. Perused Chamber Summons, reply and
plaint. The plaintiff filed suit against the defendant no. 1 seeking
declaration that the defendant no. 1 is wrong trespasser of the suit
premises, which is the garrage admeasuring about 200 sq. ft. The
defendant claimed his right by way of tenancy Agreement by the
deceased defendant no. 2. In my view, although the suit structure
is demolished but it appears that the defendant no. 1 is still
claiming right over the area. Hence, the suit does not become
infructuous. The right of the plaintiff still survived. The proposed
amendment is necessary to decide the controvercy between the
parties. Moreover, it is subsequent event which has to be brought
on record. Therefore, even though there is a delay in moving
present Chamber Summons but the issues goes to the root of the
matter and necessary for the adjudication of the suit. I am
inclined to allow the Chamber Summons. Thus, I proceed to pass
the following order :
ORDER
1. Chamber Summons No.367 of 2019 is allowed in terms of
prayer clause (a) and (b).
2. Plaintiff to carryout necessary amendment as per schedule
within 14 days from the date of order.
3. Defendant is at liberty to cary out consequential amendment
in its Written Statement.
4. Cost of present Chamber Summons be saddled on the
plaintiff.
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Chamber Summons 367-19 In S.C. Suit No. 3203- 2004
4 Date 16.10.2019
5. Chamber Summons No. 367 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 16.10.2019 Gr. Bombay
Dictated on : 16.10.2019
Transcribed on : 16.10.2019
Draft submitted on : 16.10.2019
Checked on : 17.10.2019
Signed on : 19.10.2019
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Chamber Summons 367-19 In S.C. Suit No. 3203- 2004
5 Date 16.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/10/2019 at 1.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
16/10/2019
JUDGMENT/ORDER signed by
P.O. on
19/10/2019
JUDGMENT/ORDER uploaded
on
22/10/2019
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