Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 613-2019 in Suit no. 289-2018
CNR NO.MHCC01 0030902019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 613 OF 2019
IN
L.C. SUIT NO. 289 OF 2018
Sachin M. Madhwani ]...Plaintiff
Versus
Asst. Commissioner, 'A' Ward & Ors. ].... Defendants
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 06th July, 2019.
Appearance:
Ld. Adv. Ms. Indira Bhushan for plaintiff.
Ld. Adv. Smt. Smita Tondwalkar for defendant/MCGM.
ORDER
1. By this Chamber Summons, the plaintiff seeks to amend the
plaint and wants to add after paragraph 22 in the plaint by adding
pleadings that he had come in possession of an order dated 25.11.1992,
passed in C.C. No. 8/P/88 filed by The State (Azad Maidan Police
Station) against Anil Purushottam Kakad under Section 52 r/w Section
43 of the M.R.T.P. Act.
It is contended that the document would show the allegation of
change of user is wrong. The plaintiff had accordingly sought to amend
the plaint.
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2 Ch.S. 613-2019 in Suit no. 289-2018
2. It is contended by the defendant corporation in its reply to the
Chamber Summons that, the fact referred to be amended in the plaint
was within the knowledge of the plaintiff. Therefore, the chamber
summons be dismissed.
It needs to be noted that the plaintiff has contended on affidavit
that the facts sought to be brought on record were not within the
knowledge of the plaintiff. He could not raise the same at the earliest
in the plaint. The chamber summons, therefore, deserves to be allowed.
In result the following order is passed.
ORDER
1. Chamber Summons No. 613 of 2019 is Allowed.
2. The plaintiff to amend the plaint within 45 days from the date of
order to carry out the further compliance in the plaint.
3. Chamber Summons is disposed off.
(Sanjay N. Yadav)
Judge,
Date: 28.06.2019 City Civil Court, Mumbai.
Dictated & directly typed on dias computer on : 06.07.2019
Checked by HHJ on : 06.07.2019
Signed by HHJ on : 06.07.2019
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3 Ch.S. 613-2019 in Suit no. 289-2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.07.2019 at 5.45 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
06.07.2019
JUDGMENT/ORDER signed by
P.O. on
06.07.2019
JUDGMENT/ORDER uploaded
on
06.07.2019
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