Final Order 1

Order Details: Chamber summons
Pdf Text: 15.09.2022
Sr. No. 61
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2297/19
C/S 1856/19
None present for the plaintiff.
Adv. Roma Naik h/f Adv. Parshurami for defendant/MCGM is
present.
KB LO at 05:15 pm.
Order below Ch/s No. 1856/2019:
Perused the Ch/s. and accompanying affidavit of the applicant.
The plaintiff is absent to contest this Ch/s. It seems that the
applicant is the owner of the suit property and on his complaint, as
regards the unauthorized construction allegedly carried by the
plaintiff, the defendant issued the suit notice. Needless to say that
his interest is involved in the suit property. Certainly, no relief is
claimed against the plaintiff and therefore, he is not the necessary
party to the suit. Still, considering the fact that he is the owner and
on his grievance, the action is initiated by the defendant, I am the
opinion that he is 'the proper party' to the suit, under Order 1 Rule
10 of the C.P.C., 1908, and his presence would facilitate effective
adjudication of the suit issues. Hence, the Order:
ORDER
(i). Chamber Summons No. 1856/2019 is made absolute in
terms of prayer clause (a) only. The plaintiff is directed to
carry out the necessary amendment in the plaint within two
weeks from the passing of this Order and to serve this
applicant with the pleadings of the matter simultaneously.
(ii). Chamber Summons No. 1856/2019 is accordingly disposed
of.
Adjourned for compliance to 29.09.2022.
Judge
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