Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010045072019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 887 OF 2019
IN
LONG CAUSE SUIT NO.3327 OF 2014
Pandhari Motilal Yadav ... Plaintiff
V/s.
1. The Municipal Corporation of
Greater Bombay and Anr. … Defendant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 06/10/2021
Adv.Mr. B. P. Shukla for the plaintiff.
Adv. Mr. Desai for the defendant No.2
Adv. Ms. Deepali Patil for the defendant/ BMC.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff to
amend the Schedule annexed to the Affidavit in support of Chamber
Summons.
2. Defendant Nos.1 and 2 filed reply to the Chamber
Summons and contested the Chamber Summons.
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3. Perused the Chamber Summons and reply. Heard advocates
for the parties at the length.
4. It is contended by the plaintiff that he wants to bring
certain facts and pleading pertaining to the documents in respect of the
suit premises on record. Therefore, plaintiff wants to cause amendment
in the plaint.
5. As per Order 6 Rule 17 of the Code of Civil Procedure the
Court may at any stage of the proceeding allow either party to alter or
amend his pleadings in such manner and on such terms as may be just,
and all such amendments shall be made as may be necessary for the
purpose of determining the real questions in controversy between the
parties. Order 6 Rule 17 of the Code of Civil Procedure speaks that the
amendment shall be allowed if it is necessary for determining the real
question in controversy between the parties.
6 If the nature of the amendment look into it is pertaining to
the certain facts regarding the suit premises and documents pertaining
to the same. Therefore, the proposed amendment stated in schedule
annexed with the chamber summons is relevant with the subject matter
of the suit. It will only add the pleading in the plaint. The proposed
amendment will not change the nature of the suit in any way. The
proposed amendment which is pertaining to the suit premises will help
or determining the real question in controversy between the parties.
7. In this background, it is held that this chamber summons
deserves to the allowed for permitting the plaintiff to cause amendment
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in the plaint as per the schedule annexed with the chamber summons.
Hence, following order is passed.
ORDER
1. The Chamber Summons No.887/2019 is allowed.
2. The proposed amendment shall be carried out in the
plaint within 14 days from today.
3. The Chamber Summons No.887/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :06/10/2021 City Civil Court, Gr.Mumbai.
Dictated on : 06/10/2021
Typed on : 06/10/2021
Signed on :
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4 Ch/s.887/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/10/2021 12.20 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
06/10/2021
JUDGMENT/ORDER signed by
P.O.on
06/10/2021
JUDGMENT/ORDER uploaded on 08/10/2021
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