Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 1096-18 IN SU 1491-17
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.1096 OF 2018
IN
L.C. SUIT NO.1491 OF 2017
1. Mr. Mohammed Shamim Khan ]
& Anr. ]...Plaintiffs.
Versus
Municipal Corporation for ]
Greater Mumbai ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 3rd August, 2019.
Mr. Mukesh Dubey, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant / MCGM.
O R D E R
1. Perused. Heard.
2. In a suit seeking declaration of nullity of Notice issued under
Section 351 of the MMC Act and permanent injunction, the plaintiff has
taken out this Chamber Summons to bring on record the subsequent
event of passing of Speaking Order and the consequent amendment in
the pleadings and relief Clause to plead the nullity of Speaking Order
and to seek relief of declaration of its nullity.
-- 1 of 3 --
2 CHS 109618 IN SU 149117
3. Chamber Summons is opposed on the ground that it is barred by
limitation. If amendment is allowed it will change the nature of suit.
Plaintiff was aware of passing of Speaking Order while filing the Notice
of Motion.
4. Considering the nature of amendment sought, it is found
necessary and relevant in order to decide the lis between the parties
completely and effectively. If amendment is allowed it will reduce the
multiplicity of litigation as the plaintiff need not file the separate suit to
challenge the order. The nature of suit will not change as it will remain
the suit for declaration and injunction. Hence the order:
ORDER
1. Chamber Summons NO.1096 of 2018 18 is made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out amendment in the plaint
within a period of three weeks from today.
3. Plaintiff shall serve the copy of amended plaint on the
defendant and shall submit the copy of amended plaint before
this Court.
4. Defendant is at liberty to file reply to the Written Statement to
amended plaint.
5. Costs in cause.
(A.N. MARE)
Judge,
03/08/2019 City Civil Court, Mumbai.
Dictated On : 03.08.2019
Transcribed on : 09.08.2019
HHJ Signed on : 13.08.2019
-- 2 of 3 --
3 CHS 109618 IN SU 149117
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
13/08/19 02.12 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
03.08.2019
JUDGEMENT /ORDER signed by
P.O. on
13.08.2019
JUDGEMENT /ORDER uploaded
on
13.08.2019
-- 3 of 3 --