Final Order 1

Order Details: Chamber summons
Pdf Text: CS 419-2020 in L.C. SU. No.3-2008 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO.419 OF 2020
CNR: MHCC01-002783-2020
in
L.C. SUIT NO. 03 OF 2008
Shri. Rajesh S. Patwa
.....Plaintiff
Versus
The Commissioner of Municipal Corporation
of Greater Mumbai & Others.
.
... Defendants
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 22th February, 2021.
Appearance:-
Advocate Mr. Sharma for plaintiff.
Advocate Soraan for MCGM.
ORAL ORDER
1) Plaintiffs took out this Chamber Summons for
amendment in the plaint.
2) Ld Advocate of plaintiff argued that during pendency of
the suit under RTI Act plaintiff obtained assessment extract pertaining
to the suit property. Therefore, plaintiff wants to amend the plaint
accordingly in that regard.
3) The Ld Advocate on behalf of MCGM submitted say &
opposed the relief prayed for. Defendant Nos. 3 to 8 failed to submit
reply.
-- 1 of 3 --
CS 419-2020 in L.C. SU. No.3-2008 2
4) Admittedly, during pendency of this litigation certain
changes/developments took place regarding said document which is
pertain to the notice structure. Therefore, it appears that plaintiff is
entitled to bring on the record said facts. No doubt that burden of
proving said facts/allegations shall be on the shoulders of the
plaintiff. Therefore, in order to avoid multiplicity of litigations
between the parties & in order to decide suit on merits the
amendment sought for appears necessary.
5) Considering peculiar facts and circumstances I procced to
pass following order in the interest of justice.
ORDER
1) Chamber Summons No.419/2020 is hereby allowed as
prayed for, subject to cost Rs.250/- payable to legal aid
account.
2) Plaintiff is permitted to carryout the amendment shown
in the schedule within 14 days from the date of this
order. Further, amended plaint shall also be produced
within the said prescribed period under Order 6 Rule 17
& 18 of the C.P.C.
3) Thereafter, defendant will be at liberty to submit
consequential written statement, if any.
4) Plaintiff shall avoid delay in the main suit.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated & directly typed on dais computer : 22/02/2021.
Checked on : 22/02/2021.
Signed by HHJ on : 22/02/2021.
-- 2 of 3 --
CS 419-2020 in L.C. SU. No.3-2008 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/02/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room No.05)
Date of Pronouncement of JUDGMENT/
ORDER
22/02/2021.
JUDGMENT/ORDER signed by P.O. on 22/02/2021.
JUDGMENT/ORDER uploaded on 23/02/2021.
-- 3 of 3 --