Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.479-2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.479 OF 2019
IN
L. C. SUIT NO.5053 OF 2012
CNR NO.MHCC01-002375-2019
Mohammed Sohail M. A. Bakshi … Applicant /Intervener
Shabanm Mohammed Sami Shaikh & Anr. … Plaintiffs
Vs.
Maharashtra Housing & Area Development
Authority & Ors.
… Defendants
Appearances:
Ld. Adv Yusuf Baugwala for the applicant.
Ld. Adv Thorat for plaintiffs.
Ld. Adv Kandekar for defendant No.1.
CORAM : HIS HONOUR JUDGE
SHRI. R. S. PAVASKAR
(C.R.NO.12)
DATE : 09th MARCH 2021
ORDER
The applicant has taken this chamber summons under Rule
10 of Order 1 of the Code of Civil Procedure, 1908 (in short “CPC”) for
his impleadment as defendant No.19.
2. Heard the learned Advocate for the applicant and the
plaintiff. Perused the record.
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CS No.479-2019
3. Admittedly, the plaintiff is in possession of Room No.203 of
C-Wing of the Rehab Building. The applicant in the affidavit filed in
support of the chamber summons has alleged that the plaintiff has
illegally occupied Flat No.C-203 which was allotted to him vide the
allotment letter at Exh.B to the chamber summons.
4. The plaintiff has filed the present suit for a declaration that
the consent decree dated 23.09.2011 in L.C. Suit No.904 of 2009
whereby it was decided to evict the illegal occupants in possession of
flats in C and D Wings of the Rehab Building and to shift them to their
re-allotted flats after lottery system, is void and illegal.
5. It is, thus,
prima facie clear that there is a dispute over the
allotment of Flat No.203-C of the Rehab Building. Under these
circumstances, the presence of the applicant in the present suit is
necessary for a complete and final adjudication of the question involved
in the present suit. If a decree is passed in the absence of the applicant,
his rights in Flat No.203-C which
prima facie appears to be allotted to
him will get affected. So, it is expedient in the interest of justice to
allow him to contest the present suit. He is, thus, a necessary party to
the present suit.
6. The learned Advocate for the plaintiff has submitted that
the applicant was aware of the present suit in the year 2012 itself, but
he has belatedly filed the chamber summons in the year 2019. As such,
in the view of the provisions of Article 137 read with Section 3 of the
Limitation Act, 1963, the chamber summons is liable to be dismissed.
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CS No.479-2019
7. I regret that I cannot subscribe to the view taken by the
learned Advocate for the plaintiff. Rule 10 Order 1 of CPC empowers
the Court to strike out or add party at any stage of the proceedings. So,
merely on the alleged delay, the chamber summons cannot be
dismissed.
8. It cannot be gainsaid that a prime consideration for
deciding an application under 10 Rule 1 of CPC is whether the presence
of a person seeking impleadment is necessary for a complete and
effective adjudication of the suit.
9. As
stated supra, the presence of the applicant is necessary
for a just and complete adjudication of the dispute involved in the
present suit. So, I hold that the chamber summons deserves to be
allowed in terms of prayer clauses (a) and (b) and proceed to pass the
following order:
ORDER
1. Chamber Summons No.479 of 2019 is made absolute
in terms of prayer clauses (a) and (b).
2. The plaintiff shall add the applicant in the array the
defendants as defendant No.19 on or before the next date.
3. Costs shall be costs in the cause.
4. Chamber Summons No.479 of 2019 is accordingly
disposed of.
Sd/-
R. S. PAVASKAR
Judge,
Date: 09/03/2021 City Civil Court, Gr. Bombay
Dictated on : 09/03/2021
Transcribed on : 09/03/2021
HHJ signed on : 09/03/2021
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CS No.479-2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
10.03.2021 12.10 p.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Shri. R.S. PAVASKAR (CR 12)
Date of Pronouncement of
JUDGEMENT /ORDER
09.03.2021
JUDGEMENT /ORDER signed by
P.O. on
09.03.2021
JUDGEMENT /ORDER uploaded
on
10.03.2021
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