Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.2236/2018 1 Ch/Sum. No.501/2020.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 501 OF 2020
(CNR No.MHCC01-003292-2020)
IN
L.C. SUIT NO. 2236 OF 2018
(CNR No.MHCC01-010803-2018)
Kalavati Pratap Singh Bhandari ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 11/03/2021.
Mr. P.S. Tiwari Advocate for Plaintiff.
Ms. Tondwalkar Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken out this Chamber summons for amendment of
plaint under Order-6 Rule-17 of CPC, 1908.
2. Mr. P.S. Tiwari Advocate for plaintiff has submitted that plaintiff
has to add certain facts in the suit by additional para no.5(a) in the
plaint. According to him, by this para the nature of suit does not
change. However, he not pressed prayer clauses which he sought to be
added in the plaint.
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L.C.Suit No.2236/2018 2 Ch/Sum. No.501/2020.
2. Ms. Tondwalkar Advocate for Defendants / MCGM has submitted
Plaintiff can not fill lacuna. Chamber summons is not maintainable.
She, prayed to dismiss the chamber summons.
4. Perused the record. Plaintiff has sought declaration in respect of
impugned notice and order and consequential relief of injunction. I
have perused the proposed amendment. I find that, by proposed
amendment, nature of suit does not change. No prejudice will be
caused to the defendant. Therefore, chamber summons deserves to be
allowed. Hence, following order.
ORDER
1. Chamber Summons No.501/2020 is allowed only to the
extent that plaintiff to carry amendment i.e. add para
no.5(a) in the schedule.
2. Plaintiff is directed to carry out amendment within two
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 11/03/2021. Mumbai.
Dictated on : 11/03/2021.
Transcribed on : 11/03/2021.
Signed on : 11/03/2021.
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L.C.Suit No.2236/2018 3 Ch/Sum. No.501/2020.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/03/2021. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 11/03/2021.
Judgment/Order signed by P.O. on 11/03/2021.
Judgment/Order uploaded on 11/03/2021.
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