Order 1

Order Details: Chamber summons
Pdf Text: 1 DRAFT CHS IN SU. 101419
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
SUIT NO.1014 OF 2019
1. Nurul Haque Abdul Haque Shaikh & Anr. ]....Plaintiffs.
Versus
Municipal Corporation for Greater Mumbai. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 13th June, 2019.
Mr. Sanket Mungale, Advocate for plaintiffs.
Mr. Giri, Advocate for Defendant/MCGM.
O R D E R
1. Perused. Heard. Heard finally with consent.
2. The plaintiff has taken out Chamber Summons to amend the
plaint in order to incorporate an action of defendant to pass second
speaking order in pursuance to the Notice under Section 354A of the
MMC Act. The plaintiff also seeks to add the pleadings to plead as to
how the second impugned order is illegal. Consequential amendment in
the prayer Clause and in the entire plaint to add the words “and second
impugned order" wherever necessary is also sought. The amendment is
sought on the ground that the second impugned order being subsequent
to filing of the suit the amendment is necessitated.
3. The Chamber Summons is opposed on the ground that the
amendment will change the nature of the suit.
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2 DRAFT CHS IN SU. 101419
4. It is undisputed that the order giving rise to present amendment
is passed subsequent to filing of the suit. Thus, it being the subsequent
event plaintiff can be allowed to amend the plaint in accordance with
the schedule to the Chamber Summons. The amendment will not
change the nature of the suit as the suit shall remain a suit for
declaration and injunction as such. The amendment is sought without
any delay. The amendment, if, allowed, will help this Court in deciding
the lis between the parties completely in the same proceeding and thus
will reduce the multiplicity of the litigation. Hence the Chamber
Summons needs to be allowed. Consequently, I pass the following
order:
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer
Clause (a).
2. Plaintiff shall amend the plaint as per the schedule of the
Chamber Summons.
3. The amendment shall be carried out within two weeks from
today.
4. The Plaintiff shall supply the copy of amended plaint to the
defendant as well as to the Court.
5. Draft Chamber Summons be registered for statistical purpose.
6. Costs in cause.
Sd/
(A.N. MARE)
Judge,
13/06/2019 City Civil Court, Mumbai.
Dictated On : 13.06.2019
Transcribed on : 14.06.2019
HHJ Signed on : 17.06.2019
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3 DRAFT CHS IN SU. 101419
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
18.06.2019 02.52 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
13.06.2019
JUDGEMENT /ORDER signed by
P.O. on
17.06.2019
JUDGEMENT /ORDER uploaded
on
18.06.2019
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