Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No. 429/2019 ..1.. In Suit No. 2034/2017
CNR NO.MHCC010021482019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.429 OF 2019
IN
L.C. SUIT NO.2034 OF 2017
Mr. Khan Nazirul Atikurehman Khan,
Residing At : Adjacent to Axis Bank ATM,
Opp. M. K. Brothers, Industrial Estate,
Kadari REstaurant, Magan Nathuram Road,
Jarimari, Shivaji Nagar, KurlaAndheri Road,
Mumbai 400 072. ...Plaintiff.
Versus
1. The Municipal Corporation of Gr. Mumbai,
(Through Asst. Municipal Commissioner),
Mahapalika Bhavan, Mahapalika Marg,
C.S.T., Fort, Mumbai 400 070.
2. Designated Officer / Assistant Engineer
M.C.G.M (Building & Factories),
'L' Ward, Municipal Market /
L. Y. Market Building, S. G. Barve Marg,
Kurla (West), Mumbai 400 070. ...Defendants
Appearance :
Mr. Pal, Advocate for Plaintiff.
Ms. Mhatre, Advocate for Defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE (C.R. No.11)
DATE : 19TH OCTOBER, 2019.
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Chamber Summons No. 429/2019 ..2.. In Suit No. 2034/2017
O R D E R
By this Chamber Summons plaintiff has sought
amendment to bring on record the circumstance of passing of
speaking order by defendant Corporation and the consequential
amendment.
2. In brief plaintiff's case is that, on his draft Notice of
Motion this Court has granted adinterim relief. Suit premises is
situated in declared slum area, however, said aspect is not
considered by defendant while passing speaking order dated
06.04.2017. Defendant has passed speaking order contrary to the
settled principles of law. It is necessary to bring on record this
circumstance, hence, the amendment as per schedule is required.
3. The Chamber Summons is opposed on the ground that
the amendment pertaining to grant of adinterim relief is not a
subsequent event. The amendment relating to the slum notification
is afterthought. Plaintiff is trying to fill up lacuna. The speaking
order passed by defendant gives rise to fresh cause of action and
amendment in that regard in present suit can not be allowed.
4. Perused. Heard.
5. The proceeding indicates that the suit is filed in the
month of February 2017. Speaking order is passed on 06.04.2017 i.
e. during pendency of the suit. Thus, it is a subsequent event and
can be brought on record. The grounds to challenge said speaking
order, therefore, also can be brought on record of the present suit.
Consequent changes in the prayer clause are also to be
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Chamber Summons No. 429/2019 ..3.. In Suit No. 2034/2017
incorporated. So far as, the objection to amendment on the ground
of separate cause of action is concerned, it does not stand to the
scrutiny of law as one of the purpose of allowing an amendment is
to reduce the multiplicity of litigation. Moreover, the speaking order
is nothing but an event related to the earlier notice and speaking
order which are subject matter of present suit. Hence, I hold that
the Chamber Summons needs to be allowed. Consequently, I pass
following order.
ORDER
1. Chamber Summons No. 429 of 2019 is made
absolute in terms of prayer clause (a).
2. Plaintiff to carry out amendment as per schedule
within four weeks from today.
3. Plaintiff shall serve the copy of amended plaint on
the defendant and shall submit affidavit of service in
the Court.
4. Defendant is at liberty to file additional
reply/written statement.
5. Costs in cause.
(A. N. MARE)
Judge,
Date : 19.10.2019 City Civil Court, Gr. Mumbai.
Dictated On : 19.10.2019
Transcribed on : 19.10.2019
HHJ Signed on : 22.10.2019
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Chamber Summons No. 429/2019 ..4.. In Suit No. 2034/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
22.10.2019 5.27 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 19.10.2019
Order signed by P.O. on 22.10.2019
Order uploaded on 22.10.2019
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