Final Order 1

Order Details: Other
Pdf Text: 58 Dt:25.07.2024
SU 2881/16
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Metakari for defendant No.1/BMC present.
None for D-2
Adjd to 30.08.2024 for NM hearing
Later on 3.12 p.m
Adv Mahamuni a/w Gharat for plaintiff present.
Heard argument of Adv for plaintiff on ch/s No. 369/19.
Plaintiff has not pressed the NM No. 53/2017, hence NM
No. 53/2017 is disposed of accordingly.
Following order is passed on Ch/S No. 369/19
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17
of Civil Procedure Code for carrying out amendment in the
plaint. It is contended that during the pendency of suit
defendant/BMC has removed offending shutter that it
notice structure. The said facts required to be brought on
record.
2. Adv. for defendant/ corporation opposed chambers
summons and stating that this is not subsequent event. The
earlier also plaintiff has taken out ch/s but he has not
brought this fact before this Court. If proposed amendment
is allowed nature of suit will be changed.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in
support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the
plaint. The plaintiff is seeking permission to incorporate
contentions in respect of subsequent demolition of notice
structure. The suit is filed for declaration that threats of
demolition of notice structure are illegal and bad in law.
By way of proposed amendment plaintiff is seeking
permission to incorporate contention in respect of
demolition of notice structure during pendency of suit. Thus
the proposed amendment appears to be just and necessary
for complete and effective adjudication of dispute.
5. It is well settled that the amendment in the pleading at
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SU 2881/16
pretrial stage should be normally allowed if no any
prejudice or injustice is caused to the other side and if the
nature of the Suit is not likely to be changed as result of the
amendment. In this case the Suit is at pretrial stage. The
proposed amendment is just and necessary for effective
adjudication of the dispute. The nature of Suit is not likely
to be changed. Therefore, Ch/S deserves to be allowed.
Hence, I pass following order-
O R D E R
1. Ch/s is allowed in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendment within two
weeks.
3. Copy of amended plaint be served upon other side.
4. Ch/S stands disposed of accordingly
Adjd to 29.08.2024 for Compliance and service of NM No.
720/2019 upon deft No.2/ Compliance.
Judge
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