Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1009-20 in SU No.343-2005
CNR NO.MHCC01-002796-2020
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1009 OF 2020
IN
L.C. SUIT NO. 343 OF 2005
Musakhan Madankhan …...Plaintiff
Versus
The Municipal corporation of Gr. Mumbai ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 09th March, 2020
Appearance:
Ld. Adv. Mr. Ajit Karwande for the plaintiff.
Ld. Adv. Mr. Suryavanshi/Nandwanwar for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks to call record from the
office of the Hon’ble Court in respect of withdrawal of Suit being and
examine the record of the Suit No. 9010/1973 and suit aforesaid as
Notice u/s. 351 of MMC Act having Ref. No. 9005181, Serial No. A/BF
IV/351/3471/04-05 issued to Mr. Musakhan visa-vice to Exhibits D and
E annexed to the plaint No. 343 of 2005.
2. Heard learned Advocate for the plaintiff and learned Advocate for
the defendant Corporation.
3. It is stated that the Suit bearing No. 9010/1973 is withdrawn, as
the dispute was settled. The plaintiff seeks that he has not able to
-- 1 of 3 --
2 NM 1009-20 in SU No.343-2005
procure the certified copy of this said suit. He is therefore accordingly
had prayed for calling of record in accordance with law.
Order XIII Rule 10 of Code of Civil Procedure reads as under:
“10. Court may send for papers from its own records or from
other Courts.-1) The Court may of its own motion, and may in its
discretion upon the application of any of the parties to a suit, send for,
either from its own records or from any other Court, the record of any
other suit or proceeding, and inspect the same.
2) Every application made under this rule shall (unless the Court
otherwise directs) be supported by an affidavit showing how the record
is material to the suit in which the application is made, and that the
applicant cannot without unreasonable delay or expense obtain a duly
authenticated copy of the record or of such portion thereof as the
applicant requires, or that the production of the original is necessary for
the purposes of justice.
3) Nothing contained in this rule shall be deemed to enable the
Court to use in evidence any document which under the law of evidence
would be inadmissible in the suit.’’
4. It needs to be mentioned that the plaintiff can well secure the
certified copies of the record which is he desire to file from the suit
bearing No. 9010/1973. The plaintiff only has contended that there
would delay. It cannot be the ground to allow the notice of motion.
The plaintiff can well seeks the certified copies of the record. The
notice of motion, therefore cannot be entertained.
In the result, following order is passed.
ORDER
The Notice of Motion No. 1009/2020 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 09.03.2020 City Civil Court, Mumbai.
Dictated on : 09.03.2020
Transcribed on : 12.03.2020
Signed by HHJ on : 14.03.2020
-- 2 of 3 --
3 NM 1009-20 in SU No.343-2005
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 19.05.2020 at 11.39 a.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. No. 05
Date of Pronouncement of
JUDGMENT/ORDER
07.03.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded on 19.05.2020
-- 3 of 3 --