Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M 957/20 (LCS 467/14)
MHCC010025832020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI
NOTICE OF MOTION No.957 OF 2020
IN
LONG CAUSE SUIT No.467/2014
Mrs. Geeta Krishnan … Plaintiff
Versus
The Municipal Corporation
of Greater Mumbai. ... Defendant
Appearance :
Mr. P. S. Madkaikar, Advocate for plaintiff.
Ms. Manda Loke with Mrs. Tondwalkar, Advocates for defendant.
CORAM : S. H. SALUNKHE,
JUDGE CITY CIVIL COURT,
COURT ROOM NO.4.
DATED : 18/08/2022.
O R D E R
. The plaintiff has taken out this Notice of Motion under
OrderXVIII Rule3A of The Civil Procedure Code (in short, the C.P.C.),
for permission to examine witness Krishnalaya C.H.S. Ltd. (in short, the
society) before examining the plaintiff. It is contended that the plaintiff
filed affidavit of evidence and some of the documents are pertaining to
the society. The said documents have not been exhibited, therefore, in
order to prove said documents it is necessary to examine the witness
before examining the plaintiff.
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2 N/M 957/20 (LCS 467/14)
2] The defendant/M.C.G.M. opposed Notice of Motion. It is
contended that in 2014 Intervener Application filed by the society
bearing Chamber Summons No.1065/2014 was strongly opposed by the
plaintiff on the ground that the society is not necessary party and,
therefore, it is not necessary to issue witness summons. Hence Notice of
Motion be dismissed with costs.
3] Heard learned counsel for the parties.
4] Advocate for the plaintiff submitted that the plaintiff filed
Notice of Motion under OrderXVIII Rule3A of the C.P.C., for
permission to examine the witness before evidence of the plaintiff.
Ordinary rule is that party has to first step into the witness box before
he would examine any other witness as his witness. However, Rule3A
of the C.P.C. is an exception to that rule. The Court can grant
permission if sufficient reason has been shown. It is contention of the
plaintiff that some of the documents are pertaining to the society and in
order to admit and exhibit those documents it is necessary to examine
the society first before evidence of the plaintiff. The reason given by the
plaintiff appears to be sufficient for taking course of action under Order
XVIII Rule3A of the C.P.C. Hence I pass following order :
O R D E R
Notice of Motion No.957/2020 is allowed in terms of prayer clause (a).
Date : 18/08/2022. ( S. H. SALUNKHE )
Judge City Civil Court,
Court Room No.4,
Gr. Mumbai.
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3 N/M 957/20 (LCS 467/14)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
24/08/2022 05:20 p.m. V. V. Kulkarni
NAME OF STENOGRAPHERUPLOAD DATE TIME
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 18/08/2022
ORDER Typed on 24/08/2022
ORDER signed by P.O. on 24/08/2022
ORDER uploaded on 24/08/2022
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