Final Order 1

Order Details: Chamber summons
Pdf Text: CS. 1184 of 2019 in S.C.Suit no. 1785 of 2016
1 Date : 15.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1184 OF 2019
IN
S.C. SUIT NO. 1785 OF 2016
(CNR NO.MHCC01 0066742019 )
Mr. Zaverchand Laxmichand Mehta .. Plaintiff
Versus
Madanraj Laxmichand Mehta & Anr. .. Defendants
Appearances :
Advocate Mr. K. Andrews for plaintiff present.
Counsel Mr. Prem Gidwani alongwith Advocate Mr. Tilak for
Defendant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 15.11.2019
ORDER
1. The defendant no. 1 has filed instant Chamber Summons
praying for following reliefs :
1) That in view of the latest amendment in Section 9A of
the Code of Civil Procedure, the recording in the
Roznama dated 10.07.2018 by this Hon’ble Court in
this matter as “the issue framed on 20.01.2018…. can
be considered while framing issue in the suit.” be
cancelled / set aside and that the said issue already
framed on 20.01.2018 by this Hon’ble Court viz. As
(I) Whether suit filed by plaintiff is maintainbale in
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CS. 1184 of 2019 in S.C.Suit no. 1785 of 2016
2 Date : 15.11.2019
law ? And (ii) Whether suit filed by plaintiff is within
limitation ? be ordered to be tried and adjudicated
with priority by fixing a date for the same.
2) (a) That in view of the provisions of Order VII Rule 11
(d) of the Code of Civil Procedure, the plaint of this
suit be rejected with direction to the plaintiff to pay the
costs to this defendant or without prejudice and
alternatively, (a) the plaint be returned under the
provisions of Order VII Rule 10 of the Code of Civil
Procedure.
3) For such further and other reliefs as the nature and
circumstances of the case may require.
2. Heard both the sides. Perused Chamber Summons and reply.
On 20.01.2018, my Predecessor has framed preliminary issue as
per Section 9A of Code of Civil Procedure. Thereafter, in view of
the amendment in Section 9A of Code of Civil Procedure, deleting
the same, my Predecessor on 10.07.2018 passed an order that the
aforesaid issue will be decided alongwith other issues.
3. It is admitted fact that subsequent to the second amendment,
by way of further amendment dated 27.06.2018 in the event, if the
preliminary issue is already framed, then the amendment would
have no effect and same shall be treated as there is no amendment
came into the force. Therefore, in view of further amendment
dated 27.06.2018, the preliminary issue which was framed on
20.01.2018 has to be tried as no amendment effected. In view of
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CS. 1184 of 2019 in S.C.Suit no. 1785 of 2016
3 Date : 15.11.2019
that the parties are called upon to lead their evidence in respect of
preliminary issue as framed by my Predecessor on 20.01.2018.
Thus, I proceed to pass the following order :
ORDER
1. Order dated 10.07.2018 is hereby recalled.
2. Parties to bear their own cost.
3. Chamber Summons No. 1184 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 15.11.2019 Greater Mumbai
Dictated on : 15.11.2019
Typed on : 15.11.2019
Draft Submitted on : 15.11.2019
Checked on : 16.11.2019
Signed on : 16.11.2019
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CS. 1184 of 2019 in S.C.Suit no. 1785 of 2016
4 Date : 15.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/11/2019 at 12.00 noon. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
15/11/2019
JUDGMENT/ORDER signed by P.O.
on
16/11/2019
JUDGMENT/ORDER uploaded on 18/11/2019
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