Final Order 1

Order Details: Chamber summons
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Dt 27/06/2019
SU 2024/08
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Roznama
Dt 27/06/2019
SU 2024/08
Continued...
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
Adv. Jaydeep Thakkar for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Order on Ch/s No. 145/2012
By instant Ch/s the plaintiff wants to amend the plaint to
add legal provisions, effect of such provisions on the facts of
this case and observations of Hon'ble Appex Court and Hon'ble
High Courts in the matters which according to plaintiff are
applicable to the facts of this case. Order VI Rule 2 of the Code
of Civil Procedure, 1908 provides that every pleading shall
contain, and contain only, a statement in concise form of the
material facts on which the party pleading relies for his claim
or defence, as the case may be. This provision does not permit
the plaintiff to state law or conclusion of law to be drawn from
the facts mentioned in the plaint. It is unnecessary to state in
the plaint the principles of law or to set forth the contents of a
public statute. After careful reading of the schedule along with
affidavit, there are no new material or relevant facts
mentioned therein. Therefore, Ch/s deserves to be rejected.
Hence Ch/s is rejected.
Order on Ch/s No. 538/2019
By instant Ch/s the plaintiff wants to amend the plaint to
add subsequent events, legal provisions, effect of such
provisions on the facts of this case and observations of Hon'ble
Appex Court and Hon'ble High Courts in the matters which
according to plaintiff are applicable to the facts of this case.
Order VI Rule 2 of the Code of Civil Procedure 1908, provides
that every pleading shall contain, and contain only, a
statement in concise form of the material facts on which the
party pleading relies for his claim or defence, as the case may
be. This provision does not permit the plaintiff to state law or
conclusion of law to be drawn from the facts mentioned in the
plaint. It is unnecessary to state in the plaint the principles of
law or to set forth the contents of a public statute.
After careful reading of the schedule along with affidavit, there
are some new material or relevant facts are mentioned in
paragraph no. I) 50A) and 50B) and those facts can be added
by way of amendment. Therefore, Ch/s is partly allowed and
plaintiff is permitted to amend the plaint by adding paragraphs
no. I) 50A) and 50B) of the schedule (Exh. A) along with
Ch/s only. The plaint be amended accordingly and copy be
supplied to the other side on or before next date.
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Earlier order, if any, to continue till next date.
Adjd to 12.07.2019 for compliance.
Judge
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