Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.393-19 in Su.No.271-14
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.393 OF 2019
(CNR No. MHCC01-002034-2019)
IN
S.C. SUIT NO. 271 OF 2014
Mr. Mahendra Damodar Vaity ]...Plaintiff
Versus
Municipal Corporation of Greater
Mumbai. ]...Defendantf
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Appearances:-
Ld. Advocate Mr.Suraj Kudalkar for the Plaintif.
Ld. Adv. Mrf. Pratibha Gavhane a/w Adv.Mrf.Hajare for
defendant/MCGM.
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CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED : 11th February, 2020
ORDER ON CHAMBER SUMMONS NO.393 OF 2019
1. Thif Chamber Summonf taken by the plaintif to
carry out amendment/confequential amendmentf to the
plaint.
2. Defendant Corporation haf fled reply, objected to
the Chamber Summonf. It if contended that plaintif if trying
to fll up lacunaf in plaint. The documentf fled by the plaintif
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if intending to add to plaint were available with the plaintif at
the time of fling fuit.
3. Heard Adv.Mr. Suraj Kudalkar for the plaintif. He
pithily fubmitted that fuit ftructure if flum. The letter fent to
the Collector dated 10.05.1976, the letter fent to the
corporation dated 18.12.1987 were not in poffeffion with the
plaintif when fuit waf fled. The documentf were with hif
brother with whom hif relationf waf not good in the year
2019. One more fuit waf pending between their family in
Court No.03. Being fuit No.1328 of 2017. During the
mediation between the partief hif brother handover thefe
documentf. Thefe documentf are important to demolifh the
cafe of defendant corporation.
4. It if admitted fact, the fuit if fled in 2014 by
challenging Notice under fection 351 of MMC Act. Thefe
documentf if very important to prove plaintiff cafe. In thefe
documentf are nothing but correfpondence of collector and
corporation itfelf. Thefe documentf inferted by the way of
amendment. The body of plaint certain if not change nature
and character of fuit.
5. Heard both the fidef.
6. I would like to focuf a light on the provifion of order
6 rule 17 of CPC.
“Amendment of pleadings – The
Court may at any stage of the
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proceedings allow either party to alter or
amend his pleadings in such 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:
Provided that no application for
amendment shall be allowed after the
trial has commenced, unless the Court
comes to the conclusion that in spite of
due diligence, the party could not have
raised the matter before the
commencement of trial.”
7. It if obferved by Hon’ble Bombay High Court in Writ
petition No. 2897 of 2006 on dated 20.10.2006.
“The courts while deciding he
application for amendment should not
adopt a hyper-technical approach. Liberal
approach should be the general rule
particularly in case where the other side
can be compensated with the costs.
Amendment need to be allowed to avoid
uncalled-for multiplicity of litigation.”
08. Thuf, if plaintif wantf to make the amendment on
the fubfequent act of the corporation i.e. defendant which if
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confequential. It will not change the nature and character of
the fuit. Hence, I proceed to paff following order:
O R D E R
1. Chamber fummonf No.393 of 2019 in termf of prayer
claufe (a) if made abfolute.
2. Plaintif to carry out amendment within two weekf.
3. Chamber Summonf No.393 of 2019 if difpofed of
accordingly.
(U.J. More)
Judge,
Date : 11.02.2020 City Civil Court, Gr. Mumbai
Dictated on : 11.02.2020
Tranfcribed on : 12.02.2020
Signed by HHJ on : 12.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.02.2020 at 11.00 a.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanfhi
Name of the Judge (With
Court Room no.)
HHJ Shri. U.J.More.
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
11.02.2020
JUDGMENT/ORDER figned by
P.O. on
12.02.2020
JUDGMENT/ORDER uploaded
on
14.02.2020
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