Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S.1247/19 (LCS No.2424/19)
MHCC010069602019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI
CHAMBER SUMMONS No. 1247 OF 2019
IN
LONG CAUSE SUIT No. 2424 OF 2019
Mr. Ashok Waman Vaity … Plaintiff
Versus
Municipal Corporation of
Greater Mumbai & Anr. ... Defendants
Appearance :
Mr. Suraj Kudalkar, Advocate for plaintiff.
Ms. Smita Chavan, Advocate for defendants.
CORAM : H. H. J. SHRI. S. H. SALUNKHE
COURT ROOM NO.4.
DATED : 12/07/2022.
O R D E R
The plaintiff has taken out this Chamber Summons for carrying
out consequential amendment in the plaint as per schedule annexed to the
Chamber Summons.
2. The Defendant/Corporation opposed Chamber summons
contending that plaintiff has not given bonofied reason for not filing
document at the time of filing suit. It is further containded that plaintiff is
trying to fill up lacuna in the plaint. Therefore, Chamber Summons be
dismissed with cost.
3. Heard Learned advocate for the parties.
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2 C/S.1247/19 (LCS No.2424/19)
4. The plaintiff has taken out Chamber summons Under Order 6
Rule 17 of Civil Procedure Code for amendment in the plaint. It is contention
of plaintiff that at the time of filing suit the documents were not available and
same found after diligent search by the plaintiff in the office of ward officer
'T' ward. The plaintiff is seeking permission to incorporate averment relating
to the notice given by the corporation under section 354 of the Mumbai
Municipal Corporation Act and reply dated 22/04/1970 mentioning carrying
of repairs/ construction in the suit property. It is well settled that the court
should be liberal while considering the amendment at pretrial stage. So also
it is well settled that the amendment in the pleading is to be allowed if the
proposed amendment is necessary for complete and effective adjudication of
dispute suit and there is no likelihood changing nature of the suit and no
harm would cause to other side. In the case in hand the proposed amendment
in respect of document which were found after filing of the suit. In my view
nature of the suit is not likely to change if the amendment is allowed. As such
no prejudice would cause to the defendant/ corporation. Therefore,
considering the facts of the case and Chamber summons deserves to be
allowed. Hence I proceed to pass following order
ORDER
1. Chamber summons no. 1247/2019 is allowed.
2. Plaintiff to carry out amendment within prescribed time.
3. Plaintiff to provide amended plaint.
Date : 12/07/2022. ( S. H. SALUNKHE )
Judge City Civil Court,
Court Room No.4,
Gr. Mumbai.
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3 C/S.1247/19 (LCS No.2424/19)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
14/07/2022 05:10 p.m. Samruddhi Jadhav
NAME OF STENOGRAPHERUPLOAD DATE TIME
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 12/07/202
ORDER signed by P.O. on 14/07/202
ORDER uploaded on 14/07/202
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