Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 379-19 IN SU 820-10
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.379 OF 2019
IN
L.C. SUIT NO.820 OF 2010
1. Smt. Anandibai Raghunath Bunde ]...Plaintiff.
Versus
Municipal Corporation for ]
Greater Mumbai ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 27th SEPTEMBER, 2019.
Mr. Ravindra Singh, Advocate for plaintiff.
Ms. Chavan, Advocate for Defendant / MCGM.
O R A L O R D E R
1. Perused. heard.
2. By this Chamber Summons plaintiff has sought to amend the
plaint to plead that a third party had filed the suit No.1646 of 2010 and
from said suit the plaintiff got the copy of impugned notice and
impugned order.
-- 1 of 3 --
2 CHS 37919 IN SU 82010
3. Chamber Summons is opposed on the ground that, the notice and
order are already served on the plaintiff. Without annexing those suit is
filed. Plaintiff is trying to protract the hearing, hence the Chamber
Summons be dismissed.
4. The plaint reveals that plaintiff has pleaded about the impugned
notice and impugned order and has challenged the same. In paragraph
7 he has stated that he has lost original notice. Considering these
circumstances, the plaintiff may be required to adduce secondary
evidence. For it the plaintiff will have to lay a foundation in the
pleading as to how he got the copy of impugned notice and impugned
order. Thus, the amendment sought appears to be necessary. The
amendment is at pre trial stage and can be considered liberally. No
prejudiced will be caused to the defendant as it can file additional
reply / written statement. Hence the order:
ORDER
1. Chamber Summons No.379 of 2019 is made absolute in terms of
prayer clause (a).
2. Plaintiff shall amend plaint within two weeks from today
and shall the serve the copy of amended plaint on the defendant.
3. The plaintiff shall submit a typed copy of amended plaint in the
Court.
4. Defendant is at liberty to file additional reply / written statement.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
27/09/2019 City Civil Court, Mumbai.
Dictated On : 27.09.2019
Transcribed on : 30.09.2019
HHJ Signed on : 30.09.2019
-- 2 of 3 --
3 CHS 37919 IN SU 82010
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
13/08/19 02.12 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
03.08.2019
JUDGEMENT /ORDER signed by
P.O. on
13.08.2019
JUDGEMENT /ORDER uploaded
on
13.08.2019
-- 3 of 3 --