Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.1039 OF 2018
IN
LONG CAUSE SUIT NO.637 OF 2010
Mr. Chunilal Narsi Savla ....Plaintiff
V/s.
Municipal Corporation of Greater
Mumbai and Ors. ....Defendants
And
Nisha Amrutlal Gala ....Applicant
Appearances:
Ld. Advocate Bipin Joshi for the plaintiff
Ld.Advocate Mrs.Mhatre for defendant no.1/BMC.
Ld. Advocate Mr. Dayya for defendant nos. 2 to 5.
Ld. Advocate Ms. Varsha Telgefor the applicant.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
C.R.No.8
DATED : 5th January, 2019.
ORAL ORDER
The applicant Nisha Amrutlal Gala has taken out the instant
Chamber Summons to substitute her as plaintiff for original plaintiff
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Chunilal Naresh Savla on the ground that the latter has assigned the
business in the suit premises to the former by registered Deed of
Assignment dated 02.12.2004. The plaintiff has filed Affidavit in Reply
stating that he has no objection if the applicant is impleaded as plaintiff
and his name deleted from plaint and other proceeding.
2. The defendant no.6 has strongly objected the Chamber Summons
contending that the applicant did not come before the Court from 2010
to March 2018 when had knowledge of the notice issued to the present
plaintiff in the year 2010. According to him the instant Chamber
Summons has been taken out to delay the matter to take disadvantage
of order of temporary injunction.
3. The plaintiff Chunilal Savla has informed the Court that the
applicant Nisha Amrutlal Gala is his real sister. It is not in dispute that
Notice under Section 354 of MMC Act dated 23.04.2009 in respect of
suit premises was issued in the name of present plaintiff. Such Notice
under Section 354 can be issued to owner or occupier of such structure.
From the averments made in the instant Chamber Summons, since
notice was issued in the name of plaintiff he filed the suit against
defendant Corporation challenging the said notice. Order 1 Rule 10 of
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the Code of Civil Procedure, 1908 empowers the Court to substitute any
other other person as plaintiff. In this matter original plaintiff
Chunnilal Narsi Savla has no objection to substitute the applicant as
plaintiff for him. Therefore, Chamber Summons is liable to be granted.
Hence order :
ORDER
1. Chamber Summons No.1039 of 2018 is allowed.
2. The applicant Nisha Amrutlal Gala is substituted as plaintiff for
original plainiff Chunilal Narsi Savla.
3. Necessary amendment be made in the cause title of the suit on or
before next date by the applicant and copy of such amended
plaint be served to defendant on or before next date.
(C.V.MARATHE)
DATE: 05.01.2019 JUDGE
CITY CIVIL COURT
GRATER MUMBAI
Dictated on : 05.01.2019
Transcribed on : 05.01.2019
Signed on : 05.01.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
05.01.2019 at 5.15 p.m. (Mrs. Aparna V. Lele)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge
(With Court room no.)
SHRI C.V.MARATHE
(C.R. NO.08)
Date of Pronouncement of
JUDGMENT/ ORDER
05.01.2019
JUDGMENT/ORDER signed by P.O.
on
05.01.2019
JUDGMENT/ORDER uploaded on 05.01.2019
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