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Order 1

CNR MHCC01005827201814 Jul 2026
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Order 1 · 14 Jul 2026 · CNR MHCC010058272018

Order Details: Chamber summons
Pdf Text: 1 CS 815-18
MHCC010058272018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.815 of 2018
IN
SUIT NO. 4897 OF 2011
Ranju @ Rajnibala Shivprashad Gupta … Plaintiff
V/s
Chandulal Ramkhilawan Gupta … Defendant
Appearances :
Adv. Vikas Tiwari for plaintiff.
Defendant is present.
None present for Proposed defendant.
CORAM : D. R. DESHPANDE
JUDGE,
(C.R.NO.02)
DATE : 14th JULY, 2026
ORDER
1. This Chamber Summons has been taken out for
impleadment of respondent as defendant No.3.
2. None for respondent / defendant.
3. By way of Chamber Summons, plaintiff seeks to amend the
plaint for bringing the post-institution fact of proposed defendant No.3
having filed the suit in the City Civil Court, Dindoshi, Mumbai Suit
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2 CS 815-18
No.1998 of 2017 and further claiming herself as owner in respect of the
property in question on the basis of forged and fabricated documents.
The plaintiff has further sought to insert another para regarding the
event of taking out of this Chamber Summons, as proposed para 1(c) of
the plaint.
4. Perusal of the Chamber Summons, which initially is for the
joinder of proposed defendant No.3, misses the requisite pleading as to
why joinder of proposed defendant No.3 with existing defendant is
necessitated and as to how plaintiff has common cause of action against
existing defendant and proposed defendant taken together. Thus, for
the want of requisite grounds and facts set out, joinder can not be
allowed and in absence of the joinder, further pleadings as against
proposed defendant No.3 would be otiose. Moreover, nothing is
proposed by way of amendment as regards the proposed defendant
No.3 nor is any relief claimed against him. The existing defendant is
Municipal Corporation and the main reliefs prayed for are against
Corporation. Proposed defendant No.3 has not even been proposed to
be a
proforma defendant. For the want of aforesaid requisites, in the
Chamber Summons, the amendment sought for cannot be allowed.
In the result, I pass the following order :
ORDER
Chamber Summons No.817 of 2018 is dismissed.
(D.R. Deshpande)
Judge,
City Civil Court,
Date: 14.07.2026 Gr. Bombay.
Dictated on : 14.07.2026
Transcribed on : 14.07.2026
Signed on : 14.07.2026
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3 CS 815-18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14.07.2026 At 5.45 P.M. J.S. Chavan
UPLOAD DATE AND TIME Stenographer
Name of the Judge (With Court
Room Number)
HHJ D.R. DESHPANDE
JUDGE, CITY CIVIL COURT
(C.R.NO.02)
Date of pronouncement of
Judgment/ Order
14.07.2026
Judgment/Order signed by P.O.
on
14.07.2026
Judgment/Order uploaded on 14.07.2026
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