Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.459/2018 ..1.. In Suit No.238/2018
CNR NO.MHCC010032092018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 459 OF 2018
IN
L.C. SUIT NO. 238 OF 2018
Mr. Siddiqui Mohd. Sabir
S/o Wahid Hussain Siddiqui
Aged : 27 Years, Occ. : Business,
Residing At : Gala No. 9,
Lord Engineering Works,
New Masjid Gully, Opp. M. K. Bros.,
A. K. Road, Kurla (West),
Mumbai 400 072. ...Plaintiff
Versus
The Municipal Corporation
for Greater Mumbai,
Having it Head Office At :
Annexe Building, Mahapalika Marg,
Fort, Mumbai 400 001. ...Defendant
Appearance :
Mr. S. K. Dubey, Advocate for Plaintiff.
Ms. Chavan, Advocate for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI A. N. MARE (C.R.No.11)
DATE : 05TH NOVEMBER, 2019.
O R A L O R D E R
Peruse. Heard.
2. The plaintiff is seeking to amend the plaint to bring on
record subsequent event of passing of speaking order by the defendant,
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Chamber Summons No.459/2018 ..2.. In Suit No.238/2018
the grounds to allege its nullity, the threats given by defendant for
demolition and the amendment in relief clause.
3. Application is opposed on the ground that the chamber
summons is not maintainable since after passing the speaking order a
new cause of action has arisen for the plaintiff. If amendment is
allowed, the nature of suit will change.
4. Perusal of plaint reveals that the plaintiff has challenged a
notice issued under Section 354A. This Court had directed the defen
dant to pass speaking order. Thereafter, said speaking order is passed
by the defendant. Thus, it being subsequent event and the consequence
of the notice impugned in the suit, the amendment can very well be al
lowed to implead the incident of passing of said order, the grounds of
its nullity and the consequent prayer to challenge the same. The sched
ule of the amendment reveals that paragraph 4 (d) is in relation to the
prayer of injunction during the pendency of this chamber summons. It
can not be a part of the plaint.
5. The objections of defendant can not be considered as no
new cause of action has arisen for the plaintiff, since the order is passed
in pursuance to the notice challenged in the suit. Despite amendment
the suit remains a suit for declaration and injunction. It's nature will
not change.
6. Considering the circumstances, I pass following order.
ORDER
1. Chamber Summons No. 459/2018 is partly allowed in
terms of prayer clause (a) and (b).
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2. The amendment sought as per schedule to the Chamber
Summons is allowed except paragraph 4 (d) of the
schedule.
3. The plaintiff shall carry out amendment within four
weeks from today.
4. The plaintiff shall serve the copy of amended plaint on
the defendant and shall file affidavit of service.
5. Defendant is at liberty to file reply / written statement.
6. Costs in cause.
(A. N. MARE)
Judge,
Date : 05.11.2019 City Civil Court, Gr. Mumbai.
Dictated On : 05.11.2019
Transcribed on : 06.11.2019
HHJ Signed on : 07.11.2019
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Chamber Summons No.459/2018 ..4.. In Suit No.238/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
07.11.2019 5.46 p.m. Mahendrasing D. Patil (H.G. Steno)
Name of the Judge H.H.J. SHRI. A. N. MARE
(Court Room No. 11)
Date of pronouncement of Order 05.11.2019
Order signed by P.O. on 07.11.2019
Order uploaded on 07.11.2019
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