Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 1151-19 in SU No.957-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
CHAMBER SUMMONS NO.1151 OF 2019
IN
L.C. SUIT NO.957 OF 2019
Sunil Jayantilal Shah and Ors. ]… Plaintiffs
Versus
Municipal Corporation of Greater Mumbai and Ors. ]...Defendants
AND
Mr. Mahesh P. Etam ]… Respondent
Adv. Jalpa Joshi for the Plaintiff
Adv. Rawade for defendant No.1 and 2/MCGM.
None for defendant Nos.3 to 11
CORAM : HIS HONOUR JUDGE
Shri S.D.Kulkarni
(Court Room no.8)
DATED : 4th January, 2022
O R A L O R D E R
1. Perused Chambers Summons, affidavit in support thereof.
Heard both the advocates at length.
2. On perusal of Chamber Summons and reply filed by the
defendant / MCGM and other defendants, it reveals that defendant
No.3 was not added while preparing the plaint. But in plaint it is
mentioned that defendant No.3 is a contractor and actually carried out
the structural repair so, in the plaint the reference of defendant No.3 is
mentioned but actually he was not made party while drafting the plaint.
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2 CS 1151-19 in SU No.957-2019
3. So in my opinion it is mistake and mistake can be cured by
way of amendment. I have also perused the plaint therein it is also
mentioned that defendant No.3 is a contractor and he is carried out the
repair. In the plaint it is mentioned that defendant No.3 to 12 or
defendant No.4 to 12. So it shows that the plaint was prepared while
considering that there were 12 defendants in the suit but mistakenly
defendant No.3 is not joind as defendant in the suit.
4. The basic requirement of the amendment is to cure the
defect and there should be final adjudication of the matter in between
the parties therefore, in my opinion Chamber Summons needs to be
allowed. Considering this, I pass the following order :
ORDER
1. Chamber Summons No.1151 of 2019 is allowed in terms of
prayer clause (a).
2. Plaintiff is directed to carry out amendment within a stipulated
period.
3. The amendment copy be supply to the other party.
4. Chamber Summons No.1151 of 2019 stands disposed off
accordingly.
(S.D.Kulkarni)
Ad-hoc Judge,
City Civil Court,
Date : 04.01.2022 Gr. Mumbai.
Dictated on : 04.01.2022
Transcribed on : 04.01.2022
Signed by HHJ on: 04.01.2022
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3 CS 1151-19 in SU No.957-2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 03.00 p.m.
NAME OF STENOGRAPHER : Mrs. J.S. Chavan
Name of the Judge (With Court
Room no.)
HHJ Shri. S.D.Kulkarni
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
04.01.2022
JUDGMENT/ORDER signed by
P.O. on
04.01.2022
JUDGMENT/ORDER uploaded
on
06.01.2022
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