Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 1960-2019 in SU no.2470-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 1960 OF 2019
IN
L.C. SUIT NO. 2470 OF 2018
Sib Sankar Das & Anr. ].....Plaintif
Versus
The Municipal Corporation of Gr. Mumbai & Anr ]...Defendants
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 20th February, 2020
Appearance:-
Ld. Adv. Ms. Bhanushali for plaintif.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
ORDER
1. Heard learned Advocate for the plaintif and learned
Advocate for the defendant corporation.
2. The plaintif by this Chamber Summons seeks to amend
the pleadings in the plaint as well as to correct the word
wrongly mentioned as ‘’constructed’’ instead of ‘’repaired’’. It
is typographical error inadvertently. The plaintif had
specifically contended that the loft is constructed with the
permission of defendant corporation.
CNR NO.MHCC01-011169-19
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2 Ch.S. 1960-2019 in SU no.2470-2018
The amendment sought in a way is withdrawal of the
pleadings which is not permissible in law.
3. The Chambers Summons is opposed by the
defendant/Corporation.
4. The amendment sought as are amounting to withdrawal
of pleadings will change the nature of the suit, it would also
prejudice the defendant corporation.
The chamber summons, therefore, cannot be
entertained. In the result, following order is passed.
ORDER
Chamber Summons No. 1960 of 2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date: 20.02.2020 City Civil Court, Mumbai.
Dictated on : 20.02.2020
Transcribed on : 21.02.2020
Signed by HHJ on : 25.02.2020
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3 Ch.S. 1960-2019 in SU no.2470-2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.02.2020 at 11.05. am.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement
of JUDGMENT/ORDER
15.02.2020
JUDGMENT/ORDER signed
by P.O. on
25.02.2020
JUDGMENT/ORDER
uploaded on
25.02.2020
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