Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S No.1060-19 in SU 1280-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.1060 OF 2019
IN
SUIT NO.1280 OF 2019
VIKASH TUKARAM DHAKARAV ]....Plaintiff.
Versus
MUNICIPAL CORPORATION FOR ]
GREATER MUMBAI. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 13th June, 2019.
Mr. V.T. Dubey, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant/MCGM.
O R D E R
1. By this Chamber Summons the plaintiff is seeking amendment in
the suit to bring on record subsequent event of passing of an order
dated 4.6.2019 by the defendant. The amendment is also sought to
plead the statement to challenge the said Notice as well as to add the
relief of declaration about nullity of the said order.
2. The Chamber Summons is opposed on the ground that it is based
upon false and vague statement. The suit itself is premature in nature.
The order dated 4.6.2019, if allowed to be challenged in this suit, the
nature of suit will be changed. The plaintiff has filed the suit without
waiting for passing of order by defendant Corporation in pursuance to
the Notice issued by the defendant.
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2 CHS No.106019 in SU 128019
3. Perused. Heard.
4. It is an admitted fact that the Notice under Section 354A is issued
by the defendant Corporation to which the plaintiff has filed reply.
Thereafter the plaintiff has filed the suit and during pendency of the
suit the order dated 4.6.2019 is passed by the defendant Corporation.
This reveals that the act of passing of Order dated 4.6.2019 is the
subsequent event. Such subsequent even can legally be brought on
record so that in a single suit the lis between the parties to the suit can
be effectively and completely adjudicated.
5. Even if the amendment is allowed and prayer clause seeking
nullity of order dated 4.6.2019 becomes part of the plaint, it is not
going to change the nature of suit, as essentially the suit will be the suit
for declaration and injunction. The amendment, if allowed, will not
cause any prejudice to the defendant since the defendant can certainly
reply said amendment in written statement. Hence, the following
order:
ORDER
1. Chamber Summons No.1060/19 is made absolute in terms of
prayer Clause (a).
2. Plaintiff shall carry out the amendment within two weeks from
today.
3. Plaintiff shall supply copy of amended plaint to the Court as well
as shall serve it on the defendant.
4. Costs in cause.
Sd/
(A.N. MARE)
Judge,
13/06/2019 City Civil Court, Mumbai.
Dictated On : 13.06.2019
Transcribed on : 15.06.2019
HHJ Signed on : 17.06.2019
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3 CHS No.106019 in SU 128019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
18.06.2019 02.55 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
13.06.2019
JUDGEMENT /ORDER signed by
P.O. on
17.06.2019
JUDGEMENT /ORDER uploaded
on
18.06.2019
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