Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum. no. 773-18, in Suit no. 153-18
MHCC010054482018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.773 OF 2018
IN
SHORT CAUSE SUIT NO.153 of 2018
Mr. Moin Mohd Shafi Khan ...Plaintiff
Vs.
Mr. Azahar Master ...Defendant.
And
Municipal Commissioer for Gr. Mumbai ...Respondent.
CORAM : HIS HONOUR JUDGE
SHRI VIRENDRA D. KEDAR
(COURT ROOM NO.01)
DATE : 28th DAY OF SEPTEMBER, 2022
: Appearances:
The learned Adv. S.R. Patel for the plaintiff
Defendant no.1 in person.
ORAL ORDER
The plaintiff has taken out the present chamber
summons for carrying out the amendment as per the scheduled.
2. In short, it is the contention of the plaintiff that, inspite
of view the expressed by this Court on 07/10/2017 that, the
defendants cannot install glass or shutter without permission of the
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2 Ch/sum. no. 773-18, in Suit no. 153-18
competent authority, the defendant on 11/10/2017, at about 0124
p.m., illegally and wrongfully started installing two shutters. The
plaintiff informed this fact to the police and thus the police reached
on the spot at 2.00.p.m., and restrained the defendant temporarily
from installing shutters. All this was recorded in CCTV camera.
Therefore, the plaintiff wants to amend the plaint to bring all these
subsequents events on record. The plaintiff also wants to join the
respondent Municipal Corporation as a party to the suit.
3. Defendant no.1 strongly opposed the chamber summons
by filing reply on affidavit. It is contended that, chamber summons is
misconceived, perverse and not maintainable. The defendant no.1
denied all the adverse allegations. The defendant no.1 prayed to
dismissed the chamber summons.
4. Heard the learned advocate for the plaintiff. Perused the
record.
5. It is well settled that, amendment of pleadings to pre
trial are normally to be more liberally allowed than that of
amendment which are sought after commencement of the trial.
6. It is contention of the plaintiff that, during the pendency
of the suit an attempt was made on behalf of the defendant for
installing doors by removing the shutters illegally and by breaking
open the suit wall towards the suit space. Thus considering the fact
that, during pendency of the suit, some subsequent developments had
happened and hence it is necessary to bring same on record by way of
an amendment. Yet the trial is not begin. Therefore question of
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3 Ch/sum. no. 773-18, in Suit no. 153-18
causing any prejudice to the defendant does not arise. In my view, by
allowing the amendment, the nature of the suit is also not going to be
change. But, so far as the joining of the Municipal Commissioner as a
party to the suit, in my opinion it is neither necessary nor proper
party to the suit. Therefore, the respondent Municipal Commissioner
cannot be allowed to join as party to the suit. Hence in view of my
above discussion, I pass the following order.
ORDER
Chamber summons no. 773/18 stands partly allowed.
The relief regarding joining of respondent Municipal
Commissioner as a party to the suit stands rejected.
Rest of the prayers regarding brought on record the subsequent
events stands allowed, subject to payment of cost of Rs.1000/to be
paid to DLSA, Mumbai.
Plaintiff to carry out the amendment within 14 days.
Chamber summons is disposed of accordingly.
(Virendra D. Kedar)
Judge, City Civil & Sessions
Court,Gr.Mumbai
Date:.28.09.2022 (C.R. No.1)
Dictated on : 28.09.2022
Transcribed on : 03.10.2022
Signed on :
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4 Ch/sum. no. 773-18, in Suit no. 153-18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE 04.10.2022 NAME OF STENOGRAPHER(GI)
Mrs. V. V. Shinde
TIME:
Name of the Judge (With Court room no.) HHJ Shri Virendra D. Kedar
(Court Room No.1)
Date of Pronouncement of JUDGEMENT/ORDER 28.09.2022
JUDGMENT/ORDER signed by P.O. on 04.10.2022
JUDGEMENT/ORDER uploaded on 04.10.2022
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