Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 942 OF 2019
(CNR NO. MHCC010048392019)
IN
LONG CAUSE SUIT NO. 3074 OF 2018
Mr. Shankar Dharmaraj Gomte ... Plaintiff
V/s.
The Municipal Corporation of
Greater Mumbai. … Defendants
And
Shri. Prakash Sonawane …. Respondent
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 08/04/2022
Adv. Ms. Narvekar for the plaintiff.
Adv.Ms.Deepali Patil for the defendants/MMC.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff to
amend the plaint as per the schedule annexed to the Chamber
Summons.
2. Defendant filed reply to the Chamber Summons and
contested the Chamber Summons.
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3. Perused the Chamber Summons and reply of the defendant
corporation. Heard advocates for the parties at the length.
4. It is the first contention of the plaintiff that a particular
officer of the defendant corporation has exceeded his powers and
therefore, he should be made as a party and he should be prosecuted.
5. It is the second contention of 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.
6. The officer of the defendant corporation who is proposed
defendant No.2 i.e. respondent has done certain acts pertaining to suit
premises in his official capacity while discharging his official duties.
Therefore, the respondent i.e. proposed defendant no.2 cannot be made
a party defendant to the suit in his individual capacity. Moreover,
pleadings pertaining to him in paragraph No.1 and 2 in schedule of the
amendment is not necessary to be added in the plaint. This suit is
pertaining to the controversy between the plaintiff and defendant
corporation in respect of the action in respect of the suit premises.
Therefore, it is held that proposed defendant no.2. is not necessary or
proper party to the suit. The presence of the presence proposed
defendant is not necessary for final adjudication of the suit. Hence,
proposed amendment as per the paragraph nos.1,2,6 and 7 of the
schedule is not deserves to be allowed.
7. 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
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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.
8. If the nature of the proposed amendment in paragraph
nos.3,4,5,8,9,10,11,12, and 13 looked 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.
9. In this background, it is held that this chamber summons
deserves to partly allowed for permitting the plaintiff to cause
amendment in the plaint as per paragraph Nos.3,4,5,8,9,10,11,12, and
13 the schedule annexed with the chamber summons. The prayer to
cause amendment as per paragraph Nos. 1,2,6 and 7 is liable to be
rejected. Hence, following order is passed.
ORDER
1. The Chamber Summons No.942/2019 is partly allowed.
2. The plaintiff is permitted to cause amendment in the
plaint as per paragraph Nos.3,4,5,8,9,10,11,12, and 13
in the schedule annexed with the chamber summons.
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3. The prayer to cause amendment as per paragraph
Nos.1,2,6 and 7 is rejected.
4. The proposed amendment shall be carried out in the
plaint within 14 days from today.
5. The Chamber Summons No.942/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :08/04/2022 City Civil Court, Gr.Mumbai.
Dictated on : 08/04/2022
Typed on : 08/04/2022
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/04/2022 05.00 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
08/04/2022
JUDGMENT/ORDER signed by
P.O.on
08/04/2022
JUDGMENT/ORDER uploaded on 08/04/2022
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