Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.331/18 in suit no. 2103/16 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.331/18
IN
LONG CAUSE SUIT NO.2103 OF 2016
Mr.Kamruddin Mohd. Yasin Ansari ]....Applicant
(Original Plaintiff.)
Versus
The Municipal Corporation for
Greater Mumbai ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 14th August, 2019.
Mr. V.T.Dubey, Advocate for plaintiff.
Mr. Giri, Advocate for Defendant/MCGM.
O R D E R
1. Perused. Heard.
2. The plaintiff has sought amendment in the Suit to plead
passing of speaking order by the defendant Corporation and the nullity
thereof. Amendment is sought on the ground that the speaking order is
passed after filing of the suit and thus is a subsequent event.
Consequential amendment is also sought in prayer clause.
3. Amendment is opposed by the defendant on the ground
that, if the Chamber Summons is allowed then it will change the nature
of the suit.
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Chamber Summons No.331/18 in suit no. 2103/16 2
4. It is admitted fact that the speaking order is passed after
presenting the suit. In view of this the plaintiff can legitimately be
allowed to bring on record subsequent event.
5. Though it is submitted that the nature of suit will change, if
the amendment is allowed, it will not be so as the suit will remain a suit
for declaration and injunction. Hence, Chamber Summons needs to be
allowed. Consequently I pass following order.
ORDER
1. The Chamber Summons is made absolute in terms of prayer clause
(a).
2. Plaintiff shall amend the plaint within two weeks from today.
3. Plaintiff shall serve copy of amended plaint on the defendant and
shall supply typed copy of amended plaint to the Court.
4. Chamber Summons no. 331/18 is disposed off.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
14/08/2019 City Civil Court, Mumbai.
Dictated On : 14.08.2019
Typed on : 14.08.2019
HHJ Signed on : 14.08.2019
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Chamber Summons No.331/18 in suit no. 2103/16 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
14.08.2019 05.30 p.m. M.S.Padave
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
14.08.2019
JUDGEMENT /ORDER signed by
P.O. on
14.08.2019
JUDGEMENT /ORDER uploaded
on
14.08.2019
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