Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 433 OF 2018
(CNR NO. MHCC01-003129-2018)
IN
L.C.SUIT NO.2600 OF 2016
Mr. Balkrishnan Madhavan ...Applicant
In the matter between
Mr. Balkrishnan Madhavan …. Plaintiff.
V/s.
Municipal Corporation of
Gr.Bombay and Anr. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 19/10/2024
Adv.Rudra Dani for the plaintiff.
Adv.Amar Patil for the defendants/BMC.
ORAL ORDER
This chamber summons is taken out by plaintiff for
seeking permission to carry out proposed amendment as per
schedule.
2. Read Chamber summons, reply filed by the
defendants/ BMC. Heard both the sides.
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3. This is a suit for declaration and injunction. In the
present suit, issues were framed on 23.11.2015. Thereafter,
when the suit was posted for filing of affidavit of examination
in chief alongwith documents present chamber summons is
taken out by the plaintiff. Plaintiff challenged order dated 23 r d
November, 2015 passed inNM before Hon’ble High Court of
Judicature, Bombay, in A.O. (Stamp) No.32991 of 2015. As per
order passed by Hon’ble High Court of Judicature, Bombay, in
A.O. (Stamp) No.32991 of 2015, liberty was granted to the
plaintiff to file documents, which are not produced earlier
before Trial court but relied by plaintiff before Hon’ble High
Court of Judicature, Bombay. By this notice of motion, plaintiff
sought permission to place documents and pleading to that
effect on record by way of proposed amendment. It is settled
principle of law that generally permission to carry out
proposed amendment should not be rejected unless it changes
the nature of the suit and constitute new cause of action. The
proposed amendment sought by plaintiff is in respect of
documents which ware sought to be filed on record in relating
to the subject matter of the suit. The proposed amendment
appears to be in connection with documents sought to be
brought on record. The amendment which is necessary for the
just decision of the suit requires to be allowed. The proposed
amendment sought by plaintiff does not change the nature of
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the suit as well as does not constitute new cause of action. In
the present suit though issues are framed but evidence is yet
to be adduced and plaintiff is yet to be steps into witness box.
Therefore, bar provided under proviso of Order VI Rule 17o f
the Code of Civil Procedure is not attracted. Apart from this, if
plaintiff is permitted to carry out proposed amendment by
placing documents on record, it will not cause any prejudice to
the rights of defendant. Because, defendants are having every
right to file amended written statement by way of
consequential amendment. 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.433/2018 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.
4. Cost in cause.
5. Chamber Summons No. 433/2018 is disposed off.
Date-19/10/2024 (R. B. Parvekar)
Judge, City Civil Court
D i c t a t e d o n : 1 9 / 1 0 / 2 0 2 4 Gr. Mumbai
Ty p e d o n : 1 9 / 1 0 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
19/10/2024 05.30 p.m. ( Mayuresh
P. Tathe)
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
19/10/2024
JUDGMENT/ORDER signed by
P.O.on
19/10/2024
JUDGMENT/ORDER uploaded on 19/10/2024
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