Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100675/2018
Mohammed Hanif Bafati Shaikh Vs MCGM
Date : 17-02-2023
Business : Adv. V. T. Dueby for plaintiff. Adv. Mr. Suryavanshi for
defendant/ BMC is present. Following order is passed Ch/S
No.678/2018- O R D E R 1. The plaintiff has taken out
Ch/S under order 6, rule 17 of CPC for amendment in the
plaint. It is contended that there were threats of demolition.
Hence, hurriedly filed suit and at the time of filing the suit
notice and speaking order was not traceable. Therefore, the
plaintiff could not challenge the notice and order. After
filing suit the plaintiff took search of notice and order and
after getting it he has taken out Ch/S for permission to
incorporate contentions in respect of notice and speaking
order in the plaint. 2. Defendant/ corporation opposed Ch/S
contending that the document which sought to be
incorporated in the plaint and pleading are prior to filing
suit. The plaintiff was very much aware about the order
passed by the corporation but he has not challenged said
notice and order. Therefore, Ch/S be rejected. 3. Heard Adv.
for the parties. Perused record and proceedings. 4. It is the
contention of the plaintiff that he has filed the suit notice
and order not traceable. Hence, he could not challenge the
notice and order. Due to the urgency he has filed the suit for
injunction and could not incorporate contentions in the
plaint. The corporation opposed Ch/S on ground of delay.
However, delay is no ground to reject the application for
amendment. The proposed amendment appears to be just
and necessary for complete and effective adjudication of
dispute. There is no likely to change the nature of the suit
and no any prejudice would cause to the other side.
Therefore, Ch/S deserves to be allowed. Hence, I pass
following order- O R D E R 1. Ch/S No.678/2018 is
allowed in terms of prayer clause (a). 2. Plaintiff to carry
out necessary amendment till next date. 3. Copy of
amended plaint be served upon other side. 4. Ch/S
No.678/2018 stands disposed of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 17-02-2023
COURT 04 AD-HOC ASST SESSIONS JUDGE
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