Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 39819 in SCSU 2219
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.398 OF 2019
(CNR No.MHCC010020652019)
IN
SHORT CAUSE SUIT NO.22 OF 2019.
(CNR No.MHCC010001342019)
Smt. Devi Ram Keval Yadav. }...PLAINTIFF.
Versus
Slum Rehabilitation Authority and Ors. }...DEFENDANTS.
Sri, Ali, learned advocate for the applicant.
Shri.Shrivastava, learned advocate for the plaintiff.
Smt.Thorat, learned advocate for defendant No.3.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 30/03/2019)
1. This Chamber Summons is taken out by the applicant
seeking relief to direct the plaintiff to implead him as party defendant to
the suit. Read the affidavit filed in support of the Chamber Summons
and reply filed by the plaintiff. Heard learned Shri Ali, advocate for the
applicant and learned Shri.Shrivastava, advocate for the plaintiff.
Learned Smt.Thorat, advocate for defendant No.3 submitted to the
order of court. Perused the entire record.
2. Learned advocate for applicant argued that the applicant is
having lawful rights in the suit premises involved in the suit, applicant
has filed a suit against the plaintiff in respect of the same premises
which is pending in C.R.No.2 of City Civil Court Mumbai despite it, this
suit is filed without joining the applicant as defendant. He argued that
applicant is necessary party for deciding the suit properly and hence,
Chamber Summons deserved to be allowed.
M
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3. As against this, learned advocate for plaintiff vehemently
opposed the prayer made in the Chamber Summons by submitting that
merely because the applicant has filed suit against the plaintiff in
respect of the same suit premises, it is not sufficient for impleading the
applicant as defendant in the suit as applicant has not produced a single
document to show his so called alleged rights in the suit premises. He
further argued that applicant has not pressed the interim relief in the
previously instituted suit filed in year 2001 which means that applicant
is well aware that applicant does not have any rights in suit premises
and hence, Chamber Summons is liable to be rejected.
4. It is true that applicant has not produced any document in
support of his contention raised in affidavit filed in support of Chamber
Summons that applicant is having rights in suit premises however,
learned advocate for the plaintiff has not disputed that applicant has
filed a suit in respect of the same premises which is pending in C.R.No.2
of City Civil Court, Mumbai. It is not the contention of the plaintiff that
said suit has been dismissed by holding that applicant has no rights in
the suit premises and on that count, even if it is accepted that applicant
has not pressed for interim relief in the said suit, it is not sufficient to
reject the Chamber Summons. The fact that previously instituted suit by
the applicant in respect of same suit premises is pending between the
applicant & present plaintiff is sufficient for accepting that applicant is
necessary and proper party to completely and properly adjudicate the
real controversy involved in this suit and hence, holding that applicant
is entitled for the relief claimed, I pass the following order.
O R D E R
Chamber Summons No.398 of 2019 is allowed.
Plaintiff shall implead the applicant as defendant No.5 in
the suit by carrying out the necessary amendment within two
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weeks from today. Plaintiff shall thereafter, serve the defendant
Nos.1 to 4 with amended plaint and she shall also serve the
added defendant with Writ of Summons.
Date: 30/03/2019. (P.P.RAJVAIDYA)
Dictated on : 30/03/2019. Judge, C.R.No.12,
Transcribed on : 30/03/2019. City Civil Court,
Checked on : 01/04/2019. Gr. Bombay.
Signed on : 01/04/2019.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
02.04.2019 at 11.30 a.m. Mrs.Sushma Surve
UPLOAD DATE AND TIME NAME OF Typist
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 30.03.2019
Order signed by P.O. on 02.04.2019
Order uploaded on 02.04.2019
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