Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 1199/2019 in
L.C. Suit No. 1880/2012.
MHCC010067512019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1199 OF 2019.
IN
L.C. SUIT NO. 1880 OF 2012.
Kausalkumar P. Singh. …...........….................... …. PLAINTIFF.
V/s.
M.C.G.M. ….....……………………………….….. …. DEFENDANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 11th July, 2022.
APPEARANCES :
Mr. J.S. Yadav, Ld. Advocate for the Plaintiff.
Mrs. Jyoti V. Mhatre, Ld. Advocate for the Defendant/MCGM.
*****
01. The plaintiff has taken out this Chamber Summons (for the
brevity ‘Ch/s’.) U/O. VI Rule 17 of the Civil Procedure Code, 1908, for
amendment in the plaint. Perused the Ch/s., his accompanying affidavit
and say of the defendant. Heard both the sides.
02. Considering the record, the points for determination, along
- with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendment is
necessary for deciding the real question
in controversy between the parties ?…. .....Yes.
(ii). What Order ? .............…....................... …. As per final Order.
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.2. CH/S No. 1199/2019 in
L.C. Suit No. 1880/2012.
REASONS FOR FINDINGS
AS TO POINT NO.1 :
03. By filing this Ch/s., the plaintiff's only anxiety is to bring on
record that he, his daughter - Nita and his son -Yogesh replied the notice
dtd. 23.11.2015, on 30.11.2015. While replying this notice, they further
submitted all the documentary evidence, pertaining to the suit premises,
and requested this defendant to consider the same, while holding their
eligibility for the permanent alternate accommodation in lieu of the suit
premises. However, in spite of their reply and documentary evidence, he
did not pass any Order in this regard. The defendant objected this Ch/s.
on the ground that the suit is filed in the year of 2012 and this Ch/s. is
preferred only to delay the matter. Hence, the Ch/s. is to be rejected.
04. Having considered the rival submissions, at the outset, it is
pertinent to note that by filing this suit, the plaintiff prayed for grant of
perpetual injunction, restraining the defendant from removing / pulling
down the suit premises without following the due process of law. That
apart, he also sought relief of permanent alternative accommodation in
lieu of the suit premises. True that this suit is filed in the year of 2012.
However, the fact remains that still, it is at initial stage and the trial is to
commence. Moreover, this amendment is formal in nature and it would
not cause any prejudice to the defendant, as he would get the chance to
rebut it on trial. Simultaneously, it would facilitate this Court to decide
the suit issues effectively and hence, it needs to be allowed. However,
though, in view of this Ch/s. the plaintiff is referring to the notice dtd.
23.11.2015 and the said reply of dtd. 30.11.2015, there is no excuse on
his behalf to file this Ch/s. belatedly, in the year of 2019. Consequently,
while allowing this amendment, the principles of natural justice require
imposition of adequate costs upon him to have delayed the Ch/s.. In the
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.3. CH/S No. 1199/2019 in
L.C. Suit No. 1880/2012.
result, I answered point No.1 in the affirmative and in answer to point
No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No.1199/2019 is made absolute in
terms of prayer clause (a) only, subject to payment of
costs of Rs. 3,000/- to be deposited in favour of the
concerned Office of the defendant, till the next date.
(ii). On payment of the costs, the plaintiff is called upon to
carry-out the proposed amendment in the plaint, positively
within two weeks and to file the copy of amended plaint
simultaneously within the said period.
(iii). The parties are called upon to expedite the matter.
(iii). Chamber Summons No. 1199/2019, accordingly, stands
disposed of.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 11.07.2022. City Civil Court, Mumbai.
Dictated on : 11.07.2022.
Transcribed on : 12.07.2022.
Signed on : 12.07.2022.
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.4. CH/S No. 1199/2019 in
L.C. Suit No. 1880/2012.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13.07.2022 at p.m. Mrs. S.R.Mejari
Name of the Judge (with Court Room no.) HHJ Shri A.G.Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 11.07.2022.
Judgment/Order signed by P.O. on 12.07.2022.
Judgment/Order uploaded on 13.07.2022.
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