Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 1773/2019 in
L.C. Suit No. 812/2019
MHCC010100672019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1773 OF 2019.
IN
L.C. SUIT NO. 812 OF 2019.
Vijay Tulsidas Gadekar. …...…….........…………..
V/s.
…. PLAINTIFF.
Sitaram M. Shirsagar and Ors…………………..... …. DEFENDANTS.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 19th January, 2022.
APPEARANCES :
Shri. V.T. Dubey, the Ld. Advocate for the Plaintiff.
Shri. Sunil C. Khandagale, the Ld. Advocate for Defendant No.3.
*****
01. The plaintiff has taken out this Chamber Summons, U/o. VI
Rule 17 of the C.P.C., 1908, for amendment in the body of the plaint. By
filing this Chamber Summons, the plaintiff has come with a specific case
that after filing of this suit, he came across some documents, listed at ‘a’
to ‘s’ of this chamber summons. He further submitted in view of these
documents, defendant Nos. 1 and 2 have no locus to claim any rights in
the present suit. While filing this suit, as documents were not available
with him, he couldn't place the same. This proposed amendment would
not change nature of this suit. Defendant No.3 objected his prayer on
the ground that these documents were well within his knowledge at the
time of filing of this suit, and now, he is trying to delay the matter.
02. Heard both the sides. Considering the rival submissions and
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.2. CH/S No. 1773/2019 in
L.C. Suit No. 812/2019
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 FINDINGS
AS TO POINT NO. 1.
03. By filing this Chamber Summons, the plaintiff's anxiety is to
bring on record certain documents listed at ‘a’ to ‘s’ of the schedule. He
further submitted that while filing this suit, as he was not available with
these documents, he could not place it on the record. Moreover, as per
the plaintiff, in the light of these documents, defendant Nos.1 and 2 had
no locus to claim any rights against him. Considering the record, at the
out-set, it is to be noted that by filing of this suit, the plaintiff is praying
for perpetual injunction, restraining defendant Nos.1 and 2 to carry out
any unauthorized construction, at C.T.S. No. 5/1. The record shows that
presently, the suit is pending for hearing of Motion and roznama further
reveals that during pendency of this suit, defendant No.1 is reportedly
dead. As such, the suitable steps are required from the plaintiff. On this
backdrop, it can safely be arrived at that this suit is still at initial stage
and the trial is yet to commence. The proposed amendment is formal in
nature and it would not prejudice even the adversaries. Simultaneously,
it would facilitate this Court to adjudicate the real issues in controversy
between the parties. Lastly, it would be for the plaintiff to substantiate
his case. Hence, I answered point No. 1 in the affirmative and in answer
to point No. 2, I pass the following Order :
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.3. CH/S No. 1773/2019 in
L.C. Suit No. 812/2019
-: O R D E R :-
(i). Chamber Summons No. 1773/2019 is made absolute
in terms of prayer clause (a). The plaintiff is called
upon to carry the proposed amendment in the body
of the plaint, within two weeks from the passing of
this order.
(ii). The plaintiff is called upon to supply copies of those
documents to defendants.
(iii) Costs to follow the event.
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 19.01.2022. City Civil Court, Mumbai.
Dictated on : 19.01.2022.
Transcribed on : 19.01.2022.
Signed on : 19.01.2022.
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.4. CH/S No. 1773/2019 in
L.C. Suit No. 812/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 20.01.2022 at 03.00 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
19.01.2022.
Judgment /Order signed by P.O. on 19.01.2022.
Judgment/Order uploaded on 20.01.2022.
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