Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No.511-2020 in SCSU769-2020
IN THE CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO.511 OF 2020
(CNR No.MHCC01-003310-2020)
IN
SHORT CAUSE SUIT NO.769 Of 2020.
(CNR No.MHCC01-003248-2020)
Domnic John Pinto, }
Age : 65 years, Occ.: Retired, }
R/o.St. Vincent De Paul, }
Central Council of Bombay. }
Eucharistic Congress Building No.II, }
5-Convent Street, Colaba, }
Mumbai-400 001 and residing at }
B-506, Dheeraj Kirti, Evershine Nagar, }
Malad(W), Mumbai-400 064. }...PLAINTIFF.
Versus
1.St.Vincent De Paul }
a Public Charitable Trust }
registered under the provisions of }
Bombay Public Trust Act, 1950 }
bearing Registration No.19497 }
(Mumbai) dated 29th October 1997 }
and also registered under }
Society's Registration Act, 1860 }
having its address at }
Eucharistic Congress Building No.II, }
5-Convent Street, Colaba, }
Mumbai-400 001. }
2.Mr. Joseph Soares }
R/o. Crescent Engg. Systems }
43-1/ MJ Phule Nagar, }
Opp.Vijaya Bank, Near Fine Arts Hall, }
R.C. Marg, Chembur, }
Mumbai-400 071. } ...DEFENDANTS.
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Shri.Kaustub Patil, learned advocate for the plaintiff.
Shri.Chirag Balsana, learned advocate for defendants.
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CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.No.9)
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O R A L O R D E R
(Delivered on 24/02/2021)
1. By filing this Chamber Summons, plaintiff has prayed to
allow him to amend the plaint and interlocutory proceedings as per the
Schedule annexed to the Chamber Summons in compliance of the Order
of Hon'ble High Court.
2. Read the affidavit filed in support of Chamber Summons &
affidavit-in-reply filed by the defendants. Heard learned Shri.Kaustub
Patil advocate for plaintiff and learned Shri.Chirag Balsana advocate for
the defendants. Perused the entire record.
3. Learned advocate for the plaintiff argued that as per Order
dtd.26/02/2020 passed in First Appeal (ST) No.2595 of 2020 alongwith
Interim Application No.1 of 2020, Hon'ble High Court is pleased to
grant leave to the plaintiff to carry out amendment in the plaint in view
of the subsequent events with direction to the plaintiff to carry out
amendment within two weeks and Hon'ble High Court is further
pleased to clarify said Order by passing order dtd.05/03/2020. He
submitted that this Chamber Summons is taken out as per the leave
granted by Hon'ble High Court hence, plaintiff is entitled for the reliefs
claimed in the Chamber Summons.
4. As against this, learned advocate for the defendants argued
that proposed amendment will change the nature of the suit which is
not permissible under Order 6 Rule 17 of the Code of Civil Procedure
due to which, according to him, Chamber Summons is liable to be
rejected. He further argued that tenure of the plaintiff as President of
the Central Council is going to expire on 26/02/2021 because of which,
the suit itself has become infructous and on that count also, Chamber
Summons is liable to be rejected. He further submitted that plaintiff is
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trying to bring on record certain other events took place before filing of
the suit and those events are something other than the subsequent
events which cannot be permitted in view of the leave granted by the
Hon'ble High Court and on that ground also, Chamber Summons is
liable to be dismissed.
5. At the outset, it may be stated that the objections raised on
behalf of the defendants that proposed amendment will change the
nature of the suit and suit has become infractous cannot be accepted
because, the copies of Orders produced on record by the plaintiff show
that Hon'ble High Court is pleased to grant leave to the plaintiff to carry
out amendment in respect of the subsequent events. Order 6 Rule 17 of
CPC authorizes the court to allow either party to alter or amend its
pleading in such matter and on such terms as may be just for the
purpose of determining the real questions in controversy between the
parties. The argument of learned advocate for the defendant that the
suit has become infractous as tenure of the plaintiff as President of the
Central Council is going to expire on 26/02/2021 is concerned, said
argument cannot be accepted at this stage. Admittedly, Chamber
Summons is taken out on 15/03/2020 which could not be disposed of
till date as court was not functioning regularly due to Covid-19
Pandemic from March-2020 to 31/01/2021.
6. Learned advocate for defendants submitted that proposed
amendment mentioned in clauses 17A, 17B, 17C, 22I, 22J, 26C, (a-iii),
(a-iv), (f-ii) and (f-iii) are not in respect of subsequent events. Learned
advocate for the plaintiff filed Pursis that plaintiff withdraws clause 17A
to 17C, 26C, (a-iii), (a-iv), (f-ii) & (f-iii) with liberty to file fresh
Chamber Summons in that regard. So far as clauses 22I and 22J of the
Schedule are concerned, I could not find any substance in the objection
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raised by learned advocate for the defendants that it is not in respect of
the subsequent events. Thus, holding that plaintiff is entitled for the
relief claimed in the Chamber Summons for carrying out amendment in
the plaint as per the Schedule except its clauses 17A, 17B, 17C, 26C,
(a-iii), (a-iv), (f-ii) and (f-iii), I pass the following order.
O R D E R
Chamber Summons No.511/2020 is allowed.
Plaintiff is permitted to carry out amendment in plaint and
interlocutory proceedings as per the Schedule except its clauses
17A, 17B, 17C, 26C, (a-iii), (a-iv), (f-ii) and (f-iii) as per the leave
granted by Hon'ble High Court in order dated 26.02.2020
uploaded on 03.03.2020.
Plaintiff to carry out the amendment as above, on or before
next date.
Date : 24/02/2021. (P.P.RAJVAIDYA)
Dictated on : 24/02/2021. Judge, C.R.No.9
Checked on : 24/02/2021. City Civil Court,
Signed on : 24/02/2021. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
01.03.2021 at 11.45 a.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.09)
Date of pronouncement of Order 24/02/2021
Order signed by P.O. on 24/02/2021
Order uploaded on 01/03/2021
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