Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 301 OF 2018
IN
L.C.SUIT NO. 1713 OF 2016
Mr. Rajesh S/o. Ramkishore Pandey …. Plaintiff
V/s.
Municipal Corporation of
Gr.Mumbai. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 09th December, 2024
Adv.Pooja Narvekar for the plaintiff.
Adv. Amar Patil for the defendants/BMC.
ORAL ORDER
This chamber summons is taken out by plaintiff
under Order VI Rule 17 of the Code of Civil Procedure for
seeking permission to carry out proposed amendment as per
schedule.
2. Read Chamber summons, reply filed by the
defendants/BMC. Heard both the sides.
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3. By this draft chamber summons plaintiff seeks
permission to bring subsequent event happened during the
pendency of the suit. During the pendency of the suit, letter
dated 25t h January, 2018 is served by defendant. The present
event is subsequent one. This subsequent event is necessary
for the just decision of the suit. It is settled law that
subsequent events necessary for the just decision of the suit
requires to be brought on record. The proposed amendment
does not change the nature of the suit as well as does not
constitute new cause of action. If the proposed amendment is
allowed it will curtail the multiplicity of the litigation. The
proposed amendment is necessary to resolve the real
controversy between the parties. Hence, in view of Order VI
Rule 17 of the Code of Civil Procedure, I proceed to pass
following order.
ORDER
1. Chamber summons No.301 of 2018 is made absolute in
terms of prayer clause (a) only.
2. Plaintiff is permitted to carry out proposed amendment as
per schedule within 14 days from the date of this order
and file amended plaint within statutory period.
3. Both the parties to take note of this order.
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4. Cost in cause.
5. Chamber Summons No.301 of 2018 is disposed off.
Date-09/12/2024 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 0 9 / 1 2 / 2 0 2 4
Ty p e d o n : 0 9 / 1 2 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/12/2024 03.30 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
09/12/2024
JUDGMENT/ORDER signed by
P.O.on
10/12/2024
JUDGMENT/ORDER uploaded on 10/12/2024
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