Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 477-2019 in Suit no. 1316-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 477 OF 2019
IN
L.C. SUIT NO. 1316 OF 2018
Akramal Najibul Sarkar ]...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai ]... Defendant
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th April, 2019.
Appearance:
Ld. Adv. Mr. Jayesh Yadav for plaintiff.
Ld. Adv. Smt. Rawade for defendant/MCGM.
ORDER
1. The plaintiff by this Chamber Summons, seeks to amend the
plaint.
The plaintiff seeks to produce on record the documents obtained
under the Right To Information Act. The plaintiff seeks to add
paragraph no. 15(a)(b)(c)& (d) in the plaint.
2. The defendant corporation had filed the reply pointed out the
contentions raised in the chamber summons are not subsequent
developments. It is contended that the chamber summons need not be
allowed.
CNR No. MHCC010023782019
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2 Ch.S. 477-2019 in Suit no. 1316-2018
3. Admittedly, the plaintiff was not in possession of the documents
secured under the Right To Information Act. The securing of the
documents can well to be subsequent development during the pendency
of the suit.
The plaintiff has right to produce them in the Court, in support of
its case. It is settled principle of law that the party should be provided
sufficient opportunity to put forth its case. The amendment would no
cause any prejudice to the interest of the defendant corporation nor
would change the nature of the suit.
In the interest of the justice, chamber summons needs to be
allowed. In the result, following order is passed.
ORDER
1. Chamber Summons No. 477 of 2019 is allowed.
2. The plaintiff to carry out the amendment in the plaint.
(Sanjay N. Yadav)
Judge,
Date: 30.04.2019 City Civil Court, Mumbai.
Dictated on : 30.04.2019
Transcribed on : 30.04.2019
Signed by HHJ on : 30.04.2019
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3 Ch.S. 477-2019 in Suit no. 1316-2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 02.05.2019 at 3.02 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
30.04.2019
JUDGMENT/ORDER signed by
P.O. on
30.04.2019
JUDGMENT/ORDER uploaded
on
02.05.2019
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