Final Order 1

Order Details: Chamber summons
Pdf Text: CNR NO.: MHCC010085922019. .1. CH/S No. 1526/2019 in
L.C. Suit No.1669/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1526 OF 2019
IN
L.C. SUIT NO. 1669 OF 2018.
Aslam Sadik Gouri …...…...................………… …. PLAINTIFF.
V/s.
M.C.G.M. ....……………………………….…….. …. DEFENDANTS.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 28th July, 2022.
APPEARANCES :
Ms. Vaibhavi Pawar, Ld. Advocate for the Plaintiff.
Mrs. Jyoti Mhatre, Ld. Advocate for the Defendant/MCGM.
01. The plaintiff has taken out this Chamber Summons (for the
brevity the 'Ch/s.), U/O. VI Rule 17 of the CPC, 1908, for amendment in
the plaint. Perused the Ch/s., his accompanying affidavit and say of 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.
REASONS FOR THE FINDINGS
AS TO POINT NO.1 :
03. By filing the Ch/s., the plaintiff came with the specific case
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CNR NO.: MHCC010085922019. .2. CH/S No. 1526/2019 in
L.C. Suit No.1669/2018
that pursuant to the Order dtd. 11.07.2018 of this Court, this defendant
passed the Speaking Order on 05.09.2018. The said Order is contrary to
law as while doing so, he did not consider his reply and the documents,
submitted in view of the notice dtd. 05.07.2018. Hence, it is necessary
to challenge the Order by way of amendment. As such, in this Ch/s., the
plaintiff is praying for incorporation of the said facts and the additional
relief of declaration that the Order is bad in law. The defendant objected
the Ch/s. mainly on the ground that while filing his Written statement
itself, in the year of 2018, the plaintiff was informed that the said Order
had been passed and therefore, there was no reason for him to wait for
such a long time and to file the Ch/s. belatedly. He is trying to delay the
matter and therefore, the Ch/s. is liable to be rejected.
04. Having considered the rival submissions, at the outset, it is
pertinent to note that by filing this suit, initially, the plaintiff prayed for
relief of declaration that the notice dtd. 05.07.2018 is bad in law along-
with the relief of perpetual injunction. It seems that now, in view of this
Ch/s., he wants to incorporate the fact that on 05.09.2018 the Speaking
Order came to be passed and the same is illegal. So far as passing of the
Speaking Order is concerned, it is not the matter in dispute. Certainly,
to adjudicate the suit issues effectively and finally, it is also necessary to
incorporate the passing of the Speaking Order in the body of the plaint
and the consequential relief of the plaintiff for its declaration. True it is
that written statement (Exhibit 4), filed on 14.11.2018, had a reference
as regards the passing of this Order and therefore, it was the high time
for the plaintiff to file this Ch/s.. However, it is equally true that since
then, there had been no substantial progress in the matter. As such, this
suit is still at initial stage and the trial is yet to commence. That apart,
the proposed amendment is formal in nature and would not change the
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CNR NO.: MHCC010085922019. .3. CH/S No. 1526/2019 in
L.C. Suit No.1669/2018
basic fabric of the suit. Further, it would not cause any prejudice to the
defendant as well. Hence, to adjudicate upon the issues effectively and
finally, I am of the opinion that it needs to be allowed. Consequently, 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. 1526/2019 is made absolute in
terms of prayer clause (a) only.
(ii). The plaintiff is called upon to carry out the necessary
amendment in the cause title of the plaint, within two
weeks from passing of this order.
(iii). Costs to follow the event.
(iv). Chamber Summons No. 1526/2019, accordingly, stands
disposed of.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 28.07.2022. City Civil Court, Mumbai.
Dictated on : 28.07.2022.
Transcribed on : 29.07.2022.
Signed on : 29.07.2022.
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CNR NO.: MHCC010085922019. .4. CH/S No. 1526/2019 in
L.C. Suit No.1669/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29.07.2022 at 4.00 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 28.07.2022
Judgment/Order signed by P.O. on 29.07.2022
Judgment/Order uploaded on 29.07.2022
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