Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.1877/2019 .. 1.. Suit No.3162/2013
CNR No.MHCC010105702019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1877 OF 2019
IN
SUIT NO.3162 OF 2013
Mr. Mohamed Musa Pathan .. Plaintiff
Versus
Sk. Meherunissa Mohamed Taqui .. Defendant
Mr. Sushil A. Inamdar, advocate for plaintiff
Mr. Shaikh Siraj Ahmed, advocate for defendant
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 16th December, 2019
ORAL ORDER
Chamber summons is taken out by the plaintiff seeking
permission to amend the plaint with prayer clauses.
2. It is the contention of plaintiff that he wants to amend the plaint
by incorporating prayer seeking direction against defendant to pay
compensation to him towards illegal use and occupation of suit property
as he is suffering injury due to loss of possession which can only be
compensated in terms of money. No prejudice will be caused to the
defendant as plaintiff has to establish and prove fact about
compensation. Accordingly, he prayed for allowing chamber summons.
3. Defendant opposed chamber summons on the count that it is
barred by law and filed with ulterior motive to usurp right, title and
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C/S No.1877/2019 .. 2.. Suit No.3162/2013
interest of defendant in suit premises. It is also denied that she is liable
to pay any amount towards compensation. She has already paid
compensation to one Ali Raza Ansar Hussain on 30.08.1991 at the time
of getting possession of suit premises from him. Accordingly, she prayed
for dismissal of chamber summons.
4. Perused chamber summons, affidavit in support of it, reply of
defendant and record and proceeding in present suit. Heard respective
counsel for parties. They advanced their arguments in accordance with
contention of respective parties.
5. At the outset, I would like to mention that merits and demerits
of the proposed amendments cannot be considered at this stage.
Therefore, contention of defendant that she is not liable to pay any
compensation amount as she has already paid compensation to one Ali
Raza cannot be considered while deciding present chamber summons as
it relate to the merits of the proposed amendment.
6. Chamber summons is taken out for incorporating pleadings
relating to claim of compensation in body of the plaint and so also in
relation to the charges towards electricity bill. He further taken out
chamber summons seeking amendment to prayer clauses by addition of
prayer clauses a1 and a2 claiming compensation and electricity charges
from the defendant. Issues are framed in this matter on 27.06.2019 but
plaintiff has yet not filed affidavit of evidence. So, in real sense trial has
yet not commenced. Plaintiff has filed suit for recovery of possession of
suit premises and made allegation that he was illegally dispossessed
from suit premises by the defendant. That being so, proposed
amendment seeking compensation is in consonance with pleadings
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C/S No.1877/2019 .. 3.. Suit No.3162/2013
already made and is consequential to the same. Therefore, said
amendment is necessary. So far as objection of the defendant that
amendment sought is barred by limitation is concerned; keeping open
the issue of limitation proposed amendment can be allowed. Therefore,
I am inclined to allow proposed amendment to the extent of adding
para XIXB and prayer clauses as per schedule annexed to chamber
summons after paragraph XIX keeping open issue of limitation.
However, plaintiff has to pay requisite court fee for claim of
compensation amount. So far as proposed amendment of para XIXA is
concerned; that speaks about events prior to taking out present
chamber summons. Contentions in that respect are not required to be
incorporated as same cannot form part of the pleadings. Hence, pass
following order:
ORDER
1. Chamber Summons No.1877 of 2019 is partly allowed as under:
Plaintiff is permitted to carry out proposed amendment to the
extent of adding para XIXB and prayer clauses as per schedule annexed
to chamber summons after paragraph XIX in the plaint.
While adding para XIXB to the plaint it be renumbered as
paragraph XIXA.
2. Plaintiff has to carry out said amendment within period of two
weeks from the date of this order.
3. Plaintiff is also directed to pay requisite court fee for claim of
compensation amount and to amend valuation clause by taking out
appropriate proceeding.
4. Accordingly, chamber summons is disposed off.
(M. T. Asim)
Judge
Date : 16.12.2019 Gr. Bombay
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.12.2019
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
16.12.2019
JUDGMENT/ORDER signed by P.O.
on
17.12.2019
JUDGMENT/ORDER uploaded on 17.12.2019
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