Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 705-2019 in S.C. Suit No.385-2017
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 705 OF 2019
IN
S.C. SUIT NO.385 OF 2017
Deepak Jayantilal Mehta & 1 Anr. ] ...Plaintiff.
Versus
Chandrakant Mehta & 2 Ors. ]…Defendants.
Appearance:
None present for plaintiff.
Defendant No.1 in person present.
None present for other defendants.
CORAM : V.G. RAGHUWANSHI
JUDGE, (C.R.NO.08)
DATE : 21/09/2023
ORAL ORDER
1. The plaintiff tookout this chamber summons for permission to
amend suit. He desires to add para No.14a to 14f, para No.17a to 17f,
modify prayer clauses ‘c’ and ‘d’, delete prayer clause ‘e’, add prayers
after clauses f,i, j and k.
2. It is contention of plaintiff that he sought relief of declaration
that family arrangement of September, 2005 is valid, subsisting and
mandatory injunction and some other reliefs mentioned in the prayer
clauses of plaint. After filing this suit against his brother (Defendant
No.1), developer (Defendant No.2) and MHADA (Defendant No.3),
the plaintiff came to know about agreements entered into by
defendant No.2 with various tenants including defendant No.1
-- 1 of 4 --
2 CS 705-2019 in S.C. Suit No.385-2017
regarding permanent alternate accommodations. Defendant No.2
promised to provide to the tenants residential carpet area of 405
sq.ft. free of cost in newly constructed building in agreements
executed in 2016-2017. Said alternate accomodation is to be
provided in lieu of existing tenanted premises. Defendant No.2 is
paying compensation of Rs.20,000/-per month to each tenant for 12
months. He issued post dated cheques towards 12 months rent.
Tenants were required to handover possessions of their rooms to
defendant No.2 by 10.04.2017.
3. Plaintiff further submits that defendant No.2 entered into
similar registered agreements with defendant No.1 in respect of room
36 and 37 on 09.05.2017 and 20.07.2016. Defendant No.1 handed
over possession of room No.36 and 37 to defendant No.2 in June,
2017. As per family settlement agreement said rooms No.36 and 37
were to belong to plaintiffs. But defendant No.2 entered into
agreement with defendant No.1 and he is paying rent Rs.20,000/-
each for both rooms. He will continue to pay rent to defendant No.1.
Therefore plaintiff want to bring these facts on record by this
amendment. Plaintiff prayed accordingly.
4. Defendant No.1 opposed this chamber summons by filing
affidavit-in-reply. He submitted that scope of amendment is beyond
pleadings. Plaintiff attempts to introduce new cause of action this will
change nature of suit. Original suit was for declaration and
injunction. By this amendment plaintiff is trying to change cause of
action. Plaintiff is not entitled to amend plaint in the manner and to
-- 2 of 4 --
3 CS 705-2019 in S.C. Suit No.385-2017
the extent sought by him. He prayed for rejecting this chamber
summons.
5. I have heard Plaintiff and defendant No.3. Learned counsel of
defendant No.1 did not appear to advance his arguments.
6. The text of amendment attached to chamber summons shows
that plaintiff desires to add facts on record in respect of suit property.
These facts are relevant and necessary to consider for judicious
determination of this case. Plaintiff brought this amendment after he
came to know about agreements between defendant Nos.1 and 2.
Amendment is brought before commencement of trial and it will not
change nature of suit or take defendant by surprise. Therefore this is
fit case for exercising discretion in favour of plaintiff. Therefore I pass
following order:-
ORDER
1. Chamber Summons No.705 of 2019 is made absolute.
2. Plaintiff is allowed to amend plaint as per schedule attached to
chamber summons.
3. Plaintiff shall amend his plaint within 30 days from today.
4. Chamber Summons No.705 of 2019 is disposed off accordingly.
Date : 21/09/2023 (Shri. V. G. RAGHUWANSHI)
Judge
City Civil Court, Gr. Mumbai.
Dictated on :21/09/2023.
Transcribed on :21/09/2023.
Signed on :21/09/2023.
-- 3 of 4 --
4 CS 705-2019 in S.C. Suit No.385-2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF TYPIST
30/09/2023 Mr. R. A. Suryawanshi
Name of the Judge (With Court room
no.)
SHRI V.G. Raghuwanshi (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
21/09/2023
JUDGMENT/ORDER signed by P.O.
on
21/09/2023
JUDGMENT/ORDER uploaded on 30/09/2023
-- 4 of 4 --