Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 940/2019 in
L.C. Suit No. 163/2015.
MHCC010048202019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 940 OF 2019.
IN
L.C. SUIT NO. 163 OF 2015.
Jyoti Vaibhav Kesarkar……………........................ …... Plaintiff.
V/s.
M.C.G.M……………………………………….…..... …... Defendant.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 30th March, 2022.
APPEARANCES :
Mr. Jayesh S. Kalanke, Ld. Advocate for the Plaintiff.
Adv. Sunil C. Khandagale, Ld. Advocate for the Defendant.
*****
01. The plaintiff has taken out this Chamber Summons, U/O. VI
Rule 17 of the Civil Procedure Code, 1908, for amendment in the plaint.
Perused the Ch/s., accompanying affidavit of the plaintiff, and say filed
by defendant. Heard the learned advocate for the defendant. However,
the plaintiff remained absent to argue on this Ch/s.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendment is
necessary for deciding real question in
controversy between the parties ?....... ... Yes.
(ii). What Order? .............…....................... … As per final Order.
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.2. CH/S No. 940/2019 in
L.C. Suit No. 163/2015.
-: REASONS FOR FINDINGS :-
AS TO POINT NO. 1:
03. By filing this Chamber Summons, the plaintiff’s only worry
is to bring on record that in against ad-interim Order dt. 17.01.2015,
the defendant objected for non -adding landlord of the suit premises as
the necessary party. Hence, this Appeal came to be amended, by adding
the landlord as a party therein. However, inadvertently, the landlord has
not been joined as party in this suit. As such, she submitted that the
above said Appeal may have some impact on her right and therefore, it
is necessary to join the landlord as party to this suit. The defendant
urged for passing of suitable Orders.
04. Having considered the rival stands, at the outset, it is worth
to be noted that by filing this suit, the plaintiff assailed the notice issued
on 22.11.2014, issued by the defendant U/s. 55 of the M.R.T.P. Act. And,
she prayed for the reliefs of declaration and perpetual injunction against
the same, contending that the defendant did not afford adequate chance
to her to present her case and he didn't follow even principles of natural
justice. The record shows that the suit is still at initial stage and the trial
is yet to commence. In the circumstances, considering the developments
in the said Appeal before the Hon’ble High Court, there seems no hurdle
to allow the plaintiff to add the landlord as party defendant in this suit.
It would facilitate this Court to adjudicate the suit issues effectively and
finally. At the same time, even rights of the landlord may be considered
in proper prospect. Hence, I answered point No. 1 in the affirmative and
in answer to point No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 940/2019 is made absolute in
terms of prayer Clause (a).
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.3. CH/S No. 940/2019 in
L.C. Suit No. 163/2015.
(ii). The plaintiff is directed to carry out the necessary
amendment/addition in the body of the plaint, positively
within two weeks from the passing of this Order.
(iii). The plaintiff is further called upon to take suitable steps
and to ensure due service of suit summons on the newly
added defendant No. 2 - landlord, within two weeks
therefrom, and also to file amended copy of the plaint
on the record.
(iv). Costs to follow the event.
(v). Chamber Summons No. 940/2019, accordingly, stands
disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 30.03.2022. City Civil Court, Mumbai.
Dictated on : 30.03.2022.
Transcribed on : 31.03.2022.
Signed on : 31.03.2022.
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.4. CH/S No. 940/2019 in
L.C. Suit No. 163/2015.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 01.04.2022 at 3.05 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
30.03.2022.
Judgment /Order signed by P.O. on 31.03.2022.
Judgment/Order uploaded on 01.04.2022.
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