Full Order Text
Final Order 1 · 15 Feb 2021 · CNR MHCC010061712019
Order Details: Chamber summons Pdf Text: CS No.1117-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.1117 OF 2019 IN S.C. SUIT NO.2117 OF 2011 (CNR NO.: MHCC01-006171-2019) Sarwani Devi widow of Nagarmal … Plaintiff Vs. Union of India through Secretary, Defence Ministry, Sub-Area (Station Cell) & Ors. … Defendants Appearance: Ld. Adv Royce Mendonca for plaintiff. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 15th FEBRUARY 2021 ORAL ORDER The plaintiff has taken out this chamber summons under Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short ‘CPC’). 2. Heard the learned Advocate for the plaintiff. 3. The plaintiff has filed the present suit for declaration that she is entitled to carry on her business from Jai Jawan Stall No.1 Page 1 of 3 -- 1 of 3 -- CS No.1117-2019 situated at R.C. Church, Colaba, Mumbai 400 005 and restraining defendants from obstructing her from carrying on her business therefrom (hereinafter referred to as “ suit premises”). However, from the affidavit, it appears that on 07.06.2019, defendants have demolished the suit premises. So, the plaintiff intends to amend the plaint by incorporating paras 22A to 22J and new prayer clauses (a) (i) to (v) and (a1) as per the schedule to the chamber summons. 4. The proposed amendment is based on the subsequent events and is necessary for complete and effectual adjudication of the real question in controversy between the parties and to avoid multiplicity of the proceedings. The proposed amendments if allowed to be incorporated in the plaint would not change the nature of the suit. Defendants would get an opportunity to file an additional written statement to the extent of the amended plaint. As such, if the plaintiff is allowed to amend the plaint, no prejudice would be caused to defendants. So, I hold that chamber summons deserves to be allowed in terms of prayer clause (a) and proceed to pass the following order:- ORDER 1. Chamber Summons No.1117 of 2019 is allowed in terms of prayer clause (a). 2. Necessary amendment be carried out in the plaint as per schedule to the chamber summons on or before the next date. 3. Defendants shall be at liberty to file an additional written statement, if any, to the extent of the amended plaint. Page 2 of 3 -- 2 of 3 -- CS No.1117-2019 4. Costs shall be costs in the cause. 5. Chamber Summons No.1117 of 2019 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 15/02/2021 City Civil Court, Gr. Bombay Dictated on : 15/02/2021 Transcribed on : 15/02/2021 HHJ signed on : 15/02/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 15.02.2021 5.28 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGEMENT /ORDER 15.02.2021 JUDGEMENT /ORDER signed by P.O. on 15.02.2021 JUDGEMENT /ORDER uploaded on 15.02.2021 Page 3 of 3 -- 3 of 3 --