Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.422-19 in Su.No.273-14
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.422 OF 2019
(CNR No. MHCC01-002159-2019)
IN
S.C. SUIT NO. 273 OF 2014
Mr. Ramesh Damodar Vaity ]...Plaintifs
Versus
Municipal Corporation of Greater
Mumbai. ]...Defendants
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Appearances:-
Ld. Advocate Mr.Suraj Kudalkar for the Plaintif.
Ld. Adv. Mrs. Pratibha Gavhane a/w Adv. Mrs. 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.422 OF 2019
1. This Chamber Summons taken by the plaintif to
carry out amendment/consequential amendments to the
plaint.
2. Defendant Corporation has fled reply, objected to
the Chamber Summons. It is contended that plaintif is trying
to fll up lacunas in plaint. The documents fled by the plaintif
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is intending to add to plaint were available with the plaintif at
the time of fling suit.
3. Heard Adv.Mr. Suraj Kudalkar for the plaintif. He
pithily submitted that suit structure is slum. The letter sent to
the Collector dated 10.05.1976, the letter sent to the
corporation dated 18.12.1987 were not in possession with the
plaintif when suit was fled. The documents were with his
brother with whom his relations was not good in the year
2019. One more suit was pending between their family in
Court No.03. Being suit No.1328 of 2017. During the
mediation between the parties his brother handover these
documents. These documents are important to demolish the
case of defendant corporation.
4. It is admitted fact, the suit is fled in 2014 by
challenging Notice under section 351 of MMC Act. These
documents is very important to prove plaintifs case. In these
documents are nothing but correspondence of collector and
corporation itself. These documents inserted by the way of
amendment. The body of plaint certain is not change nature
and character of suit.
5. Heard both the sides.
6. I would like to focus a light on the provision 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 is observed 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. Thus, if plaintif wants to make the amendment on
the subsequent act of the corporation i.e. defendant which is
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consequential. It will not change the nature and character of
the suit. Hence, I proceed to pass following order:
O R D E R
1. Chamber summons No.422 of 2019 in terms of prayer
clause (a) is made absolute.
2. Plaintif to carry out amendment within two weeks.
3. Chamber Summons No.422 of 2019 is disposed of
accordingly.
(U.J. More)
Judge,
Date : 11.02.2020 City Civil Court, Gr. Mumbai
Dictated on : 11.02.2020
Transcribed 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.Suryawanshi
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 signed by
P.O. on
12.02.2020
JUDGMENT/ORDER uploaded
on
14.02.2020
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