Final Order 1

Order Details: Chamber summons
Pdf Text: Dt.29/07/2019
ST 2022/19
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Kept back.
L.O. at 12.00 noon
Adv. Altaf Khan for plaintiff present and tendered original
registered Ch/s No. 1360/19 with affidavit. TOR.
Order on Ch/s No. 1360/19
Perused Ch/s, reply there to and heard both sides. By instant
Ch/s to allow plaintiff to amend the plaint, the plaintiff has
made three prayers (I) To add Government of Maharashtra as
defendant no. 3. (ii) To add averments in respect of various
documents (iii) To add prayer for mandatory injunction
directing defendant/MCGM to abide by letter dtd. 31.01.2019
and no further steps be taken without following due process of
law u/s 520 B (2) of Mumbai Municipal Corporation Act, 1888
(hereinafter “MMC Act”). The defendant/MCGM strongly
objected the Ch/s contending that these points are considered
by Hon'ble Bombay High Court in w. P. No. 213/19 and the
instant Ch/s is filed to delay the matter.
After going through the plaint there are averments pertaining
to the letter dtd. 31.01.2019 in paragraph no. XIII in the
“grounds” but no relief is claimed in the plaint in respect
thereof. After going through the proposed amendment the
plaintiff wants to rely upon certain documents in support of his
case and wants to add averments in respect of those
documents. It means the plaintiff wants to add evidence of the
facts narrated in the plaint and not the material facts. In view
of Order VI Rule 2 of the Code of Civil Procedure, 1908
(hereinafter “CPC”) the plaint shall contain, and contain only,
a statement in a concise form of the material facts on which
the plaintiff is relying for his claim but not the evidence by
which the facts are to be proved. Therefore, the evidence need
not be included in the plaint. The plaintiff wants to add
Government of Maharashtra as party to throw light on the
direction given by it vide letter dtd. 31.01.2019. As stated
herein earlier the plaintiff has referred the said letter dtd.
31.01.2019 in his plaint. The party can be added in the suit
only if its presence is necessary for the determination of real
matter in dispute between the parties in view of Order 1 Rule
10 (1) of CPC. In the facts and the circumstances of this case
and after perusal of prayers made in the plaint, presence of
Government of Maharashtra as defendant no. 3 is not required
to effectually and completely adjudicate upon and settle all the
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Roznama
Dt.29/07/2019
ST 2022/19
continued...
questions involved in the suit. Lastly, the plaintiff has
requested to add prayer for mandatory injunction against
defendant/MCGM to abide by letter dtd. 31.01.2019 of
Government of Maharashtra. The defendant/MCGM, being
local authority, is bound to follow directions of Government of
Maharashtra and mandatory injunction for the same is not at
all required. For the reasons given above I do not find merit in
the Ch/s and the same is rejected.
Heard, NM arguments of both sides.
Defendant is directed to register draft N/M before next date.
Earlier order, if any, to continue till next date.
Adjd to 30.07.2019 for NM order.
Judge
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