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Court Order

Final Order 1

CNR MHCC01008874201929 Aug 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 29 Aug 2019 · CNR MHCC010088742019

Order Details: Chamber summons
Pdf Text: 1 CH-S 1568-2019 IN ST 7600-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.1568 OF 2019
IN
L.C. SUIT(STAMP) NO.7600 OF 2019
Roshanlal M. Jain ]....Plaintiff.
Versus
Municipal Corporation for ]
Greater Mumbai. ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 29th August, 2019.
Mr. Shakti Upadhyay, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant/ MCGM.
O R D E R
1. Perused. Heard. Heard finally.
2. In a suit seeking declaration of nullity of speaking order dated
25.7.2019 the plaintiff has taken out the Chamber Summons to plead
that a fresh Speaking order dated 16.8.2018 is passed by the defendant.
Addition in prayer Clause seeking declaration of nullity of said order
dated 16.8.2019 is also sought.
3. Admittedly the order dated 16.8.2019 is passed after filing of the
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2 CHS 15682019 IN ST 760019
suit and thus, is a subsequent event. It is settled law that
subsequent event can very well be brought on record by way of
amendment. No prejudice will be caused to the defendant if the
Chamber Summons is allowed. Hence the order:
ORDER
1. Chamber Summons is made absolute in terms of prayer
Clause (a).
2. Plaintiff to carry out amendment as sought within a week.
3. The plaintiff shall serve the copy of amended plaint on the
defendant.
4. Defendant is at liberty to file additional reply and written
statement, if any.
Sd/
(A.N. MARE)
Judge,
29/08/2019 City Civil Court, Mumbai.
Dictated On : 29.08.2019
Transcribed on : 30.08.2019
HHJ Signed on : 31.08.2019
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3 CHS 15682019 IN ST 760019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
31.08.2019 12.40 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
29.08.2019
JUDGEMENT /ORDER signed by
P.O. on
31.08.2019
JUDGEMENT /ORDER uploaded
on
31.08.2019
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