Final Order 1

Order Details: Other
Pdf Text: 06.01.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 573/18 Adv. Dimpal Jain h/f Adv. Indira Labde for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Order on Ch/s No. 485 of 2018
This Ch/s is taken out by the plaintiff for amendment in the plaint.
Perused the affidavit in support of the Ch/s and reply of the
defendant/MCGM. Heard both sides.
By way of proposed amendment the plaintiff wants to incorporate
the speaking order dtd. 24.02.2018 which is passed subsequently i.e.
after filing the suit. Therefore, by way of pleading in the plaint and
prayer clause the plaintiff wants to incorporate the factum of the
aforesaid speaking order passed by the designated officer of the
Defendant/MCGM. The Ld. Adv. for the defendant himself has
contended that these subsequent events are necessary to be brought on
record. Moreover, trial is yet to be commenced. The nature of proposed
amendment appears to be formal and necessary to decide the suit on
merits. Thus, following order is passed -
ORDER
1. Chamber summons no. 485 of 2018 is allowed in terms of prayer
clause (a).
2. The plaintiff is directed to comply the order by carrying out the
amendment within 14 days from the date of this order.
3. Chamber summons No. stands disposed off accordingly.
Earlier order, if any, to continue, till next date.
Matter is adjd to 23.01.2024 for compliance.
Judge
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