Final Order 1

Order Details: Chamber summons
Pdf Text: DRAFT CHS IN ST 7600/19 1
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
STAMP NO. 7600/2019
Roshanlal M. Jain ]....Applicant
(Original Plaintiff.)
Versus
The Municipal Corporation for ]
Greater Mumbai. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 08th August,2019.
Mr. Shakti R. Upadhyay, Advocate for plaintiff.
Mr. Giri, Advocate for Defendant/MCGM.
O R D E R
1. Perused. Heard finally with consent.
2. The plaintiff has sought amendment in the plaint to plead
that the defendant, in contravention of directions of this Court, has
served the speaking order on the plaintiff. Amendment is also sought to
plead the facts relevant thereto and to add a prayer clause seeking
declaration of nullity of defendant's act of passing of speaking order.
3. Amendment is sought on the ground that above incident is
subsequent event.
4. Though amendment is opposed even challenging the
correctness thereof, it is clear that the amendment pertains to the
subsequent event. Correctness of the amendment can be tested during
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DRAFT CHS IN ST 7600/19 2
trial. No prejudice will be caused to the defendant as defendant has a
right to file additional Written Statement. Hence the amendment needs
to be allowed. Consequently I pass following order.
ORDER
1. The draft Chamber Summons is made absolute in terms of prayer
clause (a).
2. Plaintiff shall amend the plaint within two weeks from today.
3. Plaintiff shall serve copy of amended plaint on the defendant and
shall supply typed copy of amended plaint to the Court.
4. Draft Chamber Summons is disposed off. It be registered for
statistical purpose.
5. Costs in cause. Sd/
(A.N. MARE)
Judge,
08/08/2019 City Civil Court, Mumbai.
Dictated On : 08.08.2019
Typed on : 08.08.2019
HHJ Signed on : 08.08.2019
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DRAFT CHS IN ST 7600/19 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
08.08.2019 05.30 p.m. M.S.Padave
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
08.08.2019
JUDGEMENT /ORDER signed by
P.O. on
08.08.2019
JUDGEMENT /ORDER uploaded
on
08.08.2019
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