Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.767 OF 2018
IN
LONG CAUSE SUIT NO.1989 OF 2012
Mr.Shashikant Ramnath Prabhu
age 38 year, of Mumbai, Indian
Inhabitant, residing at Flat
No.9403,240, Sanman Cooperative
Housing Society Ltd.,Kannamwar
Nagar No.2, Vikhroli (E),
Mumbai 400079 and having godown
at structure bearing Census
No.CTS 185/NXC 104 1/1,
Opp.Vikhroli Over Bridge,
Near Godrej Compound, Eastern
Express Highway, Vikhroli(E),
Mumbai400 079. ....Plaintiff
V/s
The Municipal Corporation of
Greater Mumbai, a statutory Corporation
incorporated under The
Mumbai Municipal Corporation Act,
1888 having its Office at
Mahapalika Marg, Mumbai400 001
and having their Ward Office at
"N" Ward, Jawahar Road,
Ghatkopar (E), Mumbai 400 077. ..Defendants
Appearances:
Ld. Advocate Mr.S.K.Bhosale for plaintiff
Ld. Advocate Mrs.Bhoir for defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
C.R.No.8
DATED : 30th January, 2019
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ORAL ORDER
In view of subsequent developments, the plaintiff has filed
instant Chamber Summons under Order 6 Rule 17 of The Code of Civil
Procedure, 1908 for the amendment of the plaint for adding certain
paragraphs in his plaint. The other side has not filed reply to the
Chamber Summons but argued at length. The defendant has opposed
amendment on the ground of delay and bar of limitation.
The dominant purpose of allowing the amendment is to minimize
the litigation. The plea that the relief sought by way of amendment was
barred by time can be subject matter of the issue after allowing the
amendment prayed for. The amendment needs to be allowed to avoid
uncalled for multiplicity of litigation and following order.
ORDER
Chamber Summons No.767 of 2018 is allowed and made absolute
in terms of prayer clause (a) subject to costs of Rs.500/ payable to
defendant.
(C.V.MARATHE)
DATE: 30/01/2019 JUDGE
CITY CIVIL COURT
GRATER MUMBAI
Dictated on : 30.01.2019
Transcribed on : 31.01.2019
Signed on : 31.01.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
31.01.2019 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI C.V.MARATHE
(C.R. NO.08)
Date of Pronouncement of
JUDGMENT/ ORDER
30.01.2019
JUDGMENT/ORDER signed by P.O.
on
31.01.2019
JUDGMENT/ORDER uploaded on 31.01.2019
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