Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 1432/2019 in
L.C. Suit No. 1014/2019.
MHCC010079962019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1432 OF 2019.
IN
L.C. SUIT NO. 1014 OF 2019.
Nurul Haque Abdul Haque Shiakh and Other...... .. PLAINTIFFS.
V/s.
The Designated Officer-II. …............…....………. .. DEFENDANT.
CORAM : A.G. Santani.
(Court Room No.11).
DATED : 02nd May, 2022.
APPEARANCES :
Mr. D.A. Thorat, Ld. Advocate for the Plaintiffs.
Mr. Sunil C. Khandagale, Ld. Advocate for the Defendant/MCGM.
*****
01. The plaintiffs have taken out this Chamber Summons (for
short ‘Ch/s’) under O. VI Rule 17 of the Civil Procedure Code, 1908, for
amendment in the plaint. Perused the Ch/s, accompanying affidavit of
plaintiff No. 1, documents relied upon by the plaintiffs and the say filed
by 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. 1432/2019 in
L.C. Suit No. 1014/2019.
REASONS FOR FINDINGS
AS TO POINT NO.1 :
03. By filing this Ch/s, the plaintiffs came with a specific case
that recently they found old electricity bill of June, 1975, being issued
in the name of the original owner in respect of the electricity meter
computed for commercial user being LF-2. They submitted that the suit
premises is censused by the Tahsildar (Encroachment) being on the land
owned by the State of Maharashtra and the notice dtd. 29.02.1992 was
issued by the said Tahsildar, to the original owner Mr. Jamil for payment
of the compensation fixed by the said authority. They further submitted
that similarly, the State of Maharashtra issued letter dtd. 03.01.2002 to
the said Jamil for compensation in respect of the censused structure.
They further submitted that after going through files in their possession
it revealed that documents of title in respect of the suit premises. In the
circumstances, they prayed for incorporation of the above referred facts.
They further submitted that till the verification report is submitted by
the Dy. Collector (Encroachment), no action on notice dtd. 31.01.2019
should be taken by the defendant. They also prayed for addition of the
Municipal Corporation of Greater Mumbai as defendant No. 2 in cause -
title of the plaint. The defendant objected this Ch/s on the ground that
it is misconceived, as already the Designated Officer of the M.C.G.M. is
added as the defendant. Moreover, by filing this Ch/s, the plaintiff s are
trying to fill-up the lacuna.
04. Having considered the rival submissions, at the out-set, it is
to be noted that by filing this suit, the plaintiffs prayed for declaration
that the notice dtd. 31.01.2019, issued U/s. 354-A of the M.M.C. Act, is
not binding upon them, along-with the relief of perpetual injunction. Be
that as it may, the fact remained that the suit is still at initial stage and
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.3. CH/S No. 1432/2019 in
L.C. Suit No. 1014/2019.
the trial is yet to commence. That apart, the proposed amendments are
formal in nature and it would not cause any prejudice to the defendant.
Needless to say that it would be for the plaintiffs alone to substantiate
their contentions on the trial, where the defendant would also have an
equal opportunity to rebut it. Surely, the addition of M.C.G.M. would be
helpful for clarification of the record. In the circumstances, to decide
the suit issues finally, I feel that the proposed amendment deserves to be
allowed. Hence, 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.1432/2019 is made absolute in
terms of prayer Clause (a) only.
(ii). The plaintiff is directed to carry out the necessary
amendment in the body of the plaint, positively within two
weeks from the passing of this Order by ensuring due
service of the suit summons, on newly added defendant
No.2 and to file the amended copy of the plaint within two
weeks thereafter.
(iii). Costs to follow the event.
(iv). Chamber Summons No.1432/2019, accordingly, stands
disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 02.05.2022. City Civil Court, Mumbai.
Dictated on : 02.05.2022.
Transcribed on : 04.05.2022.
Signed on : 04.05.2022.
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.4. CH/S No. 1432/2019 in
L.C. Suit No. 1014/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
04.05.2022 at 5.15 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 02.05.2022
Judgment/Order signed by P.O. on 04.05.2022
Judgment/Order uploaded on 04.05.2022
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