Final Order 1

Order Details: Chamber summons
Pdf Text: : 1: Chamber Summons No.509-19
CNR NO. MHCC01-002501-2019
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO.509 OF 2019
in
L.C. SUIT NO.1600 OF 2016
Sachin Kamalakar Sawant Desai ]...Plaintiff.
Versus
M.C.G.M. and Anr. ]..Defendants.
Appearance:
-
Shri. Vaibhav Karnik; Ld Advocate for plaintiffs.
Shri. Vyvahare; Ld Advocate for defendant no.1/MCGM.
Defendant no.2 in person.
CORAM: H.H.JUDGE & ADDL.
SESSIONS JUDGE,
SHRI. K. P. KSHIRSAGAR,
(C.R. No.05).
DATE : 21st OCTOBER, 2021.
ORAL ORDER
1. Plaintiff has taken out this Chamber Summons for allowing
him to amend the plaint as per schedule.
2. Perused the Chamber Summons, affidavit in support of
same, plaint and documents relied by plaintiff. It appears that inspite
of just opportunity, the defendants failed to file their reply. Heard
Learned advocate for plaintiff and defendant no. 1. Heard defendant
no.2 in person.
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3. Learned Advocate for plaintiff argued that by the proposed
amendment plaintiff want to add Vishwamangal Co-op. Hsg. Society
Limited as a party - defendant no.3 in the present suit. It is necessary
and proper party to the suit and the proposed defendant no.3 can
explain and eloborate the correct position as to the matter in
contraversy. No prejudice will be caused to the defendants if the
chamber summons is allowed. Proposed amendment is necessary for
the purpose of determining the real question in contraversy. Therefore
the Learned advocate for the plaintiff prayed that Chamber summons be
allowed.
4. On the other hand Learned Advocate for the defendant
no.1 argued that plaintiff wants to delay matter as ad-interim relief is
granted to the plaintiff. Vishwamangal Co-op. Hsg. Society Limited is
neither necessary nor proper party to the present suit. Hence, Chamber
Summons be dismissed.
5. Defendant no.2 submitted that the proposed amendment is
not necessary for determining the real question in controversy in the
suit. Plaintiff has taken out present Chamber Summons with intention
to protract the matter.
6. Perusal of the plaint reveals that plaintiff has filed the
present suit for declaration that the impugned notice under section 351
of MMC Act dtd. 23/06/2016 is illegal and bad in law. It appears that
the impugned notice is issued pertaining to the premises in the
Vishwamangal Co-Op. Hsg. Society Limited. Therefore, there appears
substance in the contention of the plaintiff that Vishwamangal Co-Op.
Hsg. Society can explain and eloborate the correct position and
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therefore, it is proper party to the suit. Moreover, plaintiff is master in
his case. The proposed amendment does not change the nature of the
suit and it appears necessary for the purpose of determining the real
question in contraversy between the parties. Moreover no prejudice is
likely to be caused to the defendants if the proposed amendment is
allowed. Trial of the suit is also not commenced. Merits of the
amendment cannot be considered at this stage.
7. Considering the matter on record and facts of the case and
above discussion as the proposed amendment is necessary for the
purpose of determining real question in contraversy between the parties
and as no prejudice is likely to be caused to the defendants, in the
interest of the justice the Chamber Summons deserves to be allowed.
8. Threfore the court proceeds to pass the following order :
ORDER
1. Chamber Summons No.509/19 is allowed.
2. Plaintiff shall carry out amendement as per schedule of the
proposed amendment within seven days from the date of this order.
3. Chamber Summons No. 509/19 is disposed of accordingly.
4. Cost in cause.
(K.P. Kshirsagar)
Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated and directly typed on : 21/10/2021.
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Checked on : 21/10/2021.
Signed by HHJ on : 21/10/2021.
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