Interim Order 1

Order Details: Chamber summons
Pdf Text: DRAFT CHS IN SUIT NO.1307/19 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
SUIT NO.1307 OF 2019
Rameshkumar Udaylal Jain ]....Applicant
(Original Plaintiff.)
Versus
Municipal Corporation for ]
Greater Mumbai. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 16th July, 2019.
Mr. V.T.Dubey, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant/MCGM.
O R D E R
1. Perused. Heard finally with consent.
2. The plaintiff has sought amendment in the Suit to plead
passing of speaking order by the defendant Corporation and the nullity
thereof. Amendment is sought on the ground that the speaking order is
passed after filing of the suit and thus is a subsequent event.
Consequential amendment is also sought in prayer clause.
3. Amendment is opposed by the defendant on the ground
that the suit itself was premature as it was filed before passing of
reasoned order. The adinterim relief was granted till passing of order
and seven days thereafter. MCGM has passed the order on 26.06.2019
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and has served it on the plaintiff. However, the Chamber Summons is
not taken out within seven days thereafter. The speaking order gives rise
to new cause of action. If the Chamber Summons is allowed then it will
change the nature of the suit.
4. It is the admitted fact that after presenting the suit, on
24.05.2019 this Court had granted adinterim relief till passing of
speaking order by defendant and has directed defendant not to enforce
the same for a period of seven days from the date of service of order on
the plaintiff. There is no direction given by this Court in order dated
24.05.2019 that plaintiff shall take out the Chamber Summons within
seven days from the date of service of speaking order.
5. The above mentioned order of the Court itself was expecting
that defendant will pass the order. After passing order dated
24.05.2019, the suit is not disposed by the Court. In view of this, the
speaking order passed by defendant is naturally a subsequent event. It
can very well be challenged in present suit itself in order to reduce the
multiplicity of litigation. No harm or prejudice is likely to cause to the
defendant as it can file the Written Statement to counter the pleadings
sought to be added by amendment.
6. Though it is submitted that the nature of suit will change if
the amendment is allowed, it will not be so as the suit will remain a suit
for declaration an injunction. Hence, Chamber Summons needs to be
allowed. Consequently I pass following order.
ORDER
1. The draft Chamber Summons is made absolute in terms of prayer
clause (a).
2. Plaintiff shall amend the plaint within two weeks from today.
3. Plaintiff shall serve copy of amended plaint on the defendant and
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shall supply typed copy of amended plaint to the Court.
4. Draft Chamber Summons is disposed off. It be registered for
statistical purpose.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
16/07/2019 City Civil Court, Mumbai.
Dictated On : 16.07.2019
Typed on : 16.07.2019
HHJ Signed on : 16.07.2019
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DRAFT CHS IN SUIT NO.1307/19 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
16.07.2019 05.30 p.m. M.S.Padave
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
16.07.2019
JUDGEMENT /ORDER signed by
P.O. on
16.07.2019
JUDGEMENT /ORDER uploaded
on
16.07.2019
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