Final Order 1

Order Details: Chamber summons
Pdf Text: CHS.No.8572019 : 1 : SU.No.13762015
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.857 OF 2019
IN
L.C.SUIT NO.1376 OF 2015
CNR No.MHCC010043742019
Mrs. Archangela Purushothaman Joseph
Aged38 years, OccupationService Wife,
of Mumbai Indian Inhabitant presently
residing at BMC Transit Camp, Room No.44,
Gopi Tank Road, Behind Citylight Cinema,
Mahim, Mumbai400 016. .. Applicant.
AND IN THE MATTER BETWEEN
Mrs. Archangela Purushothaman Joseph
Aged38 years, OccupationService Wife,
of Mumbai Indian Inhabitant presently
residing at BMC Transit Camp, Room No.44,
Gopi Tank Road, Behind Citylight Cinema,
Mahim, Mumbai400 016. .. Plaintiff.
V E R S U S
1. The Municipal Corporation of Greater Mumbai,
(Legal Department) a body Corporate constituted
under the Mumbai Municipal Corporation Act and
having their Principal Office at Mahapalika Bhavan,
Mahapalika Marg, C.S.T. Fort, Mumbai400 001.
2. The Assistant Commissioner, (Asst. Engg. TP(I),
G/North Ward, GNorth Ward Municipal Office,
Room No.20, 1st floor, Harishchandra Yelve Marg,
Dadar (West), Mumbai400 028.
3. The Divisional Engineer,
The Brihan Mumbai Electric Supply & Transport,
Undertaking (of the Municipal Corporation of
Brihan Mumbai), Customer Care (N/W), Tilak
Road, Dadar (E), Mumbai400 014. .. Defendants.
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CHS.No.8572019 : 2 : SU.No.13762015
Ld. Advocate Shivaji Yadav for the Applicant/Plaintiff.
Ld. Advocate Smt. Deepali Patil for the Defendants/BMC.
CORAM : HIS HONOUR ADHOC JUDGE
SHRI. RAJESH K. KHOMANE
(Court Room No.06)
DATE : 25th July, 2022.
ORAL ORDER
1. This chamber summons has been taken out by the plaintiff
under Order VI Rule 17 of Code of Civil Procedure (for short, 'C.P.C.'),
for amendment in the plaint.
2. It is contention of the plaintiff that in this suit showcause
notice dated 02.12.2014 issued by DefendantMunicipal Corporation of
Greater Mumbai (for short, 'MCGM') has been challenged. After filing
of this suit the defendantMCGM demolished the suit structure.
Therefore, he wants to bring on record the said fact. Hence, this
chamber summons is filed.
3. The defendantMCGM has filed reply and resisted the
chamber summons. It is contention of the defendantMCGM that ad
interim relief was refused by this Court on 29.05.2015. Thus, the suit
structure came to be demolished on 12.06.2015 by following due
process of law. Hence, according to the defendantMCGM the chamber
summons is not maintainable.
4. I have gone through the chamber summons and reply.
Heard the learned Advocates of both the sides.
5. The matter is fixed for filing draft issues. Under the
proviso clause of Order VI Rule 17 of the C.P.C., the amendment
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CHS.No.8572019 : 3 : SU.No.13762015
cannot be allowed after commencement of trial unless court come to
conclusion that inspite of due diligence, the party could not have raised
the matter before commencement of trial. In the present suit, the suit
structure is demolished after filing the suit. Therefore, the proposed
amendment is subsequent development. Hence, to decide the
controversy between the parties, it needs to be taken on record. No
prejudice would be caused to the other side. Hence, the following order
is passed.
O r d e r
1. Chamber Summons No.857 of 2019 is hereby allowed.
2. The proposed amendment is allowed subject to cost of Rs.1000/
paid by the DefendantMCGM.
3. The plaintiff shall carry out the amendment within 14 days from
the date of this order.
Chamber Summons No.857 of 2019 in LC. Suit No.1376 of
2015 stands disposed of.
(Rajesh K. Khomane)
Date: 25.07.2022 AdhocJudge,City Civil Court,
Gr. Bombay .
Dictated on : 25.07.2022
Typed on : 27.07.2022
Signed on :
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CHS.No.8572019 : 4 : SU.No.13762015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
27/07/2022 12.30 p.m. Mrs. Pradnya S. Naik
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. K. Khomane (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
25/07/2022
JUDGMENT/ORDER signed by
P.O.on
27/07/2022
JUDGMENT/ORDER uploaded on 27/07/2022
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