Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/Sum.390/2020 in Suit 2919/2016 1 DT 18.08.2023
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 390 of 2020
IN
L.C.SUIT NO. 2919 OF 2016
Mohammed Noor Mohammed …. Plaintiff
V/s.
Municipal Corporation of
Gr.Mumbai. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 18.08.2023
Ld Adv. Mr. B.P.Shukla for the plaintiff.
Ld Adv. Ms.Dipali Patil for the defendants/BMC.
ORAL ORDER
1. This chamber summons is taken out by plaintiff
under Order VI Rule 17 of the Code of Civil Procedure for
seeking permission to carry out amendment as per schedule.
2. Read Chamber summons, reply filed by the
defendants/BMC. Heard both the sides.
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Ch/Sum.390/2020 in Suit 2919/2016 2 DT 18.08.2023
3. By this chamber summons plaintiff seeks permission
to bring subsequent events happened during the pendency of
suit. As per order dated 22.12.2016 defendants/BMC was
directed to consider reply of plaintiff and thereafter pass order
as per law. Thereafter, on 13.02.2020 designated officer passed
speaking order and thereby hold that plaintiff fails to prove
the notice portion is legal one. By this amendment plaintiff
seeks permission to challenge the said speaking order in the
present suit. It is not disputed that said fact is happened
during the pendency of suit. This is a subsequent event. It is
settled law that subsequent event happened during the
pendency of the suit and necessary for the just decision of the
suit required to be brought on record. The proposed
amendment does not change the nature of the suit as well as
does not constitute new cause of action. Hence, in view of
Order VI Rule 17 of the Code of Civil Procedure, I proceed to
pass following order.
ORDER
1. Chamber summons No. 390/2020 is made absolute in
terms of prayer clause (a)
2. Plaintiff is permitted to carry out proposed amendment
within 14 days from the date of this order and file
amended plaint within statutory period.
3. Both the parties to take note of this order.
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Ch/Sum.390/2020 in Suit 2919/2016 3 DT 18.08.2023
4. Cost in cause.
5. Chamber Summons No. 390/2020 is disposed off.
Date- 18/08/2023 (R. B. Parvekar)
Ad-hoc Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 18/08/2023
Ty p e d o n : 18/08/2023
s i g n e d o n : 18/08/2023
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Ch/Sum.390/2020 in Suit 2919/2016 4 DT 18.08.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18-08-2023 (Rashmi R. Hate)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
18/08/2023
JUDGMENT/ORDER signed by
P.O.on
18/08/2023
JUDGMENT/ORDER uploaded on 18/08/2023
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