Full Order Text
Order 1 · 30 Jan 2019 · CNR MHCC010053062018
Order Details: Chamber summons Pdf Text: 1 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 -- 1 of 3 -- 2 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 -- 2 of 3 -- 3 “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 -- 3 of 3 --