Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 829-2019 IN SU 2158-14
CNR NO.MHCC01-004167-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.829 OF 2019
IN
SUIT NO.2158 OF 2014
Mr. Javed Akhtar Atiqullah Khan ]....Plaintiff.
Versus
Municipal Corporation for ]
Greater Mumbai. ]... Defendants.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 8th July, 2019.
Mr. Vimlesh Singh, Advocate for plaintiff.
Ms. Hajare, Advocate for Defendants/MCGM.
O R D E R
1. By this Chamber Summons the plaintiff is intending to amend the
plaint to plead that after passing of order dated 22.7.2014 the plaintiff
submitted the Assessment bill and Assessment Extract of the suit
property before the Assistant Municipal Commissioner 'L' Ward. Since
those were not filed earlier, those were not considered by the
Designated Officer before passing order. An Addition in prayer Clause is
also sought.
2. Perused. Heard.
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3. Advocate for plaintiff submitted that, the amendment is to
bring on record an event which is subsequent and is necessarily to
pleaded for complete adjudication of the lis .
4. Advocate for defendant Corporation opposed the Chamber
Summons on the ground that the plaintiff has taken it out belatedly.
5. Perused. Heard.
6. The Provisions of Order VI rule 17 of CPC are worded in such
a manner that the amendment which is necessary to decide the lis
between the parties effectively can very well be allowed to be
incorporated.
7. The plaint is presented to this Court in the Month of April,
2014 whereas the amendment sought is in respect of the incident
that took place in August, 2014. Thus the amendment is about the
subsequent event. Such amendment can very well be allowed.
8. At the same time it has to be mentioned that the addition in
prayer Clause will be subject to the Provisions of Limitation Act
since it is raised belatedly. Hence, keeping the question of limitation
open the amendment can be allowed.
9. Considering above circumstances, therefore, the amendment
as sought can very well be allowed to decide lis between the parties
completely and effectively. No prejudice will be caused to the
defendant as the defendant can file additional written statement.
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Hence the order:
ORDER
1. The Chamber Summons no. 829/19 is made absolute.
2. Plaintiff is directed to carry out the amendment within two
weeks from today.
3. The amendment in the prayer clause seeking additional relief
is subject to the law of limitation.
4. The plaintiff shall serve the copy of amended plaint on the
defendant and also shall supply the typed copy of amended
plaint to this Court.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
08/07/2019 City Civil Court, Mumbai.
Dictated On : 08.07.2019
Transcribed on : 09.07.2019
HHJ Signed on : 09.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
12/07/19 12.05 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
08.07.2019
JUDGEMENT /ORDER signed by
P.O. on
09.07.2019
JUDGEMENT /ORDER uploaded
on
12.07.2019
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