Order 1

Order Details: Chamber summons
Pdf Text: CHS IN SUIT NO.1547/18 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.1057/18
IN
SUIT NO.1547 OF 2018
Sunil Kumar Yadav ]....Applicant
(Original Plaintiff.)
Versus
The Asstt Municipal Commissioner ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 19th July, 2019.
Mr. 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 speaking order gives rise to new cause of action. If the
Chamber Summons is allowed then it will change the nature of the suit.
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CHS IN SUIT NO.1547/18 2
4. It is admitted fact that the speaking order is passed after
presenting the suit. In view of this the plaintiff can legitimately be
allowed to bring on record subsequent event.
5. 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 and injunction. Hence, Chamber Summons needs to be
allowed. Consequently I pass following order.
ORDER
1. The 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. Chamber Summons no. 1057/18 is disposed off.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
19/07/2019 City Civil Court, Mumbai.
Dictated On : 19.07.2019
Typed on : 19.07.2019
HHJ Signed on : 19.07.2019
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CHS IN SUIT NO.1547/18 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
19.07.2019 05.30 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
19.07.2019
JUDGEMENT /ORDER signed by
P.O. on
19.07.2019
JUDGEMENT /ORDER uploaded
on
19.07.2019
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