Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S.no. 667-18 in L.C.Suit no.1292-11
CNR MHCC O1-004557-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO. 667 OF 2018
IN
L.C. SUIT NO.1292 OF 2011
Shri. Nathuram Dnyandev Jadhav ]...Applicant
In the matter of
Shri. Nathuram Dnyandev Jadhav ]....Plaintiff
Versus
The Municipal Corporation of ]
Greater Mumbai, Mumbai. ]... Defendants.
Coram : M.S. Deshpande, Judge
(Court Room no. 05)
Date : July 17th, 2018.
Ms.Seema Singh, advocate for plaintiff.
Mr.Dhumale, advocate for defendants.
ORDER
1. The plaintiff has proposed amendment to the plaint. By the
proposed amendment , the plaintiff wishes to bring on record that the
occupants of the suit building formed Cooperative Housing Society. The
plaintiff is the member of that society and that suit premises is in
existence since prior to 1940. The plaintiff was also wishes to produce
certain documents.
-- 1 of 3 --
2 Ch.S.no. 667-18 in L.C.Suit no.1292-11
2. The defendant opposed the chamber summons on the
ground that the suit is already posted for recording of evidence and
therefore, amendment cannot be allowed.
3. Heard respective advocates. The evidence is not yet started.
The proposed amendment is in the form of explanation of certain
averments made in the plaint. Therefore, it will not change the nature
of the suit. The proposed amendment is necessary to determine the
matter in dispute. The prejudice which is caused to the defendant can
be compensated in terms of costs. Therefore, following order is passed.
ORDER
Chamber Summons No.667 of 2018 is made absolute in terms of
prayer clause (a), subject to payment of costs of Rs.500/ to the
defendant within a period of two weeks from today.
(M.S. Deshpande)
Ad. Hoc.Judge,
City Civil Court, Mumbai.
Dictated on : 17/07/2018.
Transcribed on : 18/07/2018.
Signed by HHJ on : 18/07/2018.
-- 2 of 3 --
3 Ch.S.no. 667-18 in L.C.Suit no.1292-11
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 18/07/2018 at 4.00 p.m.
NAME OF STENOGRAPHER : Mr. M.P. Tathe
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
17.07.2018
JUDGMENT/ORDER signed by
P.O. on
18.07.2018
JUDGMENT/ORDER uploaded
on
18.07.2018
-- 3 of 3 --