Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.828-19 in Su.No.5075-12
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.828 OF 2019
(CNR No. MHCC010041192019)
IN
L.C. SUIT NO. 5075 OF 2012
SHRI UTTAM RAMNATH GITE. ]... Plaintiff
Versus
MUNICIPAL CORPORATION OF GREATER
MUMBAI ]...Defendants
Appearances:
Ld. Advocate Mr. Satyam Dube for the Plaintiff.
Ld. Adv. Ms. Hajare for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED : 23th January, 2020
ORDER ON CHAMBER SUMMONS NO.828 OF 2019
1] This Chamber Summons filed by the plaintiff to make
amendment in the plaint. It is stated that, certain amendments remain
to be carried out as a certain facts make to plaintiffs knowledge after
following of suit for the just and proper disposal of the suit the
amendment is required. If the amendment application is allowed. It will
not change the nature and character of a suit. It would not cause any
harm to the defendant.
2. On the otherside Adv.Mrs. Hajare objected it is argued that
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the amendment is delay tactic by the plaintiff.
3. Heard, both sides at length.
4. I have gone through contents of the amendment plaintiff
wants to amend the reference regarding the panchnama dated
17.08.2015 statement prepared by Dy. Collector, Mulund as well as
plaintiffs statement dated 17.08.2015 and report dated 24.08.2015 in
respect of suit premises plaintiff wants add letter dated 07.09.2015
issued by the Dy.Collector (E&C)) to the Assistant Municipal
Commissioner. These all documents have nexus with the suit premises
and pleadings of the suit also. Therefore, if such amendment is allowed,
certainly it will not change the nature and character of suit. The
amendment is necessary to decide controversial issue on merit.
Accordingly, I pass following order
ORDER
1. Chamber summons is made absolute.
2. Plaintiff to carry out amendment within two weeks.
(U.J. More)
Judge,
Date : 23/01/2020 City Civil Court, Gr. Mumbai
Dictated on : 23.01.2020
Transcribed on : 23.01.2020
Signed by HHJ on : 24.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 30.01.2020 at 11.00 a.m.
NAME OF STENOGRAPHER : Mr.Ganesh Suryawanshi.
Name of the Judge (With Court
Room no.)
HHJ Shri. U.J.More.
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
23.01.2020
JUDGMENT/ORDER signed by
P.O. on
24.01.2020
JUDGMENT/ORDER uploaded
on
30.01.2020
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