Interim Order 1

Order Details: Chamber summons
Pdf Text: DRAFT CHS IN SUIT NO.1364/19 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
SUIT NO.1364 OF 2019
Shahnawaz Zafar Khan ]....Applicant
(Original Plaintiff.)
Versus
Municipal Corporation for ]
Greater Mumbai. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 01st July, 2019.
Mr. N.K.Dubey h/f advocate V.T.Dubey, Advocate for plaintiff.
Mr.Giri, 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 amendment will change the nature of suit and hence, it can not
be allowed.
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DRAFT CHS IN SUIT NO.1364/19 2
Having heard both the parties to the suit and perusal of the proceedings
reveal that, the plaint is lodged in Court on 11.06.2019. The speaking
order is passed on 12.06.2019. The date of its service on the plaintiff is
not on record. However, it is clear that it is passed on next day of lodging
of the plaint. Thus, it can be considered as subsequent event.
4. 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
shall supply typed copy of amended plaint to the Court.
4. Draft Chamber Summons is disposed off. It be registered for
statistical purpose.
Sd/
(A.N. MARE)
Judge,
01/07/2019 City Civil Court, Mumbai.
Dictated On : 01.07.2019
Typed on : 01.07.2019
HHJ Signed on : 01.07.2019
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DRAFT CHS IN SUIT NO.1364/19 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
01.07.2019 04.00 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
01.07.2019
JUDGEMENT /ORDER signed by
P.O. on
01.07.2019
JUDGEMENT /ORDER uploaded
on
01.07.2019
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