Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S No.1998/2019 1 L.C. Suit No.2451/2019
(CNR NO. MHCC010113272019)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1998 OF 2019
IN
L.C. SUIT NO.2451 OF 2019
Karuppayya Mani Rammayya )
Aged 39 years, Indian Inhabitant, )
At present residing at Room No.9/2 )
Nagewadi, P.L. Lokhande Marg, )
Chembur, Mumbai 400 089. )… Plaintiff
V/s.
1. The Municipal Corporation of Greater )
Mumbai, A Body corporate, incorporated )
under the provisions of Bombay )
Municipal Corporation Act, 1888 as )
amended, having office at Mahapalika )
Building, Mahapalika Marg, Fort, )
Mumbai 400 001. )
2. Dy. Superintendent )
Udyan Vibhag (Zone1) )
Bombay Municipal Corporation Having )
office at EDivision Office, 3rd Floor, )
Room No.34, 10, Shaikh Hafizuddin )
Marg, Sakhali Street, Byculla, )
Mumbai 400 008. )....Defendants
APPEARANCE:
Ld. Adv. Mr. Nadar for the plaintiff.
Ld. Adv. Mr. Vyavahare for the defendant/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 10th JANUARY, 2020.
ORDER
This Chamber of summons is taken out by plaintiff praying
for amendment in plaint of L.C. Suit No.2451/2019.
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CH/S No.1998/2019 2 L.C. Suit No.2451/2019
2. In the affidavit filed along with the chamber summons,
plaintiff has averred that his mother Smt. Shantabai Mani Rammayya
was working as Sweeper in the office of the defendant No.2 and she
retired from the services of the defendants. w.e.f. 28.02.2018, after
completion of age of superannuation. On 03.07.2018 he made an
application to defendant no.2, requesting them to provide him
employment on compassionate ground as per circular dated
18.11.2007 issued by defendant No.1. His case was accepted by the
defendants but since there was error in the spelling of his name
recorded in school leaving certificate, the defendants directed him to
obtain order from the competent court of law. It is apprehension of
plaintiff that the defendants may fill up the vacancies of Sweeper from
outsiders. In case the defendants fill up the vacancies of Sweeper then
he will not get the employment on compassionate ground. Therefore he
wants to incorporate prayer in plaint directing the defendants not to
fillup the vacancies of Sweeper and allow him to join duty as Sweeper
on any such conditions as this Court may deem fit and proper.
3. Defendant has filed reply and denied all the averments in
the chamber summons. According to him, in present case the plaintiff
Shri. Karupayya Mani Ramayya submitted documents to get the
employment in the defendants corporation under the P.T. Case policy
wherein there is difference in his names in his documents. Therefore
defendants corporation rightly issued a letter dtd. 06.07.2019. The suit
filed by the plaintiff for declaration that plaintiff is one and the same
person though there is difference in spelling of his name recorded as M.
Karuppaiah son of K. Mani and Karuppayya Mani Rammayya is not
maintainable at all. Plaintiff is not entitled to any relief as claimed by
him in the prayer clause of the plaint & chamber summons. Chamber
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CH/S No.1998/2019 3 L.C. Suit No.2451/2019
Summons and suit is misconceived, untenable, and unsustainable and
therefore prayed for dismissal of same.
4. Heard both the learned advocates. Perused the proceeding.
Plaintiff has originally filed suit for declaration. By way of amendment,
plaintiff wants to incorporate prayer of mandatory injunction in suit.
On perusal of pleadings in plaint and proposed amendment, it reveals
that proposed amendment is having nexus with pleadings in plaint.
Proposed amendment is in form of consequential relief. Proposed
amendment appears to be formal, not changing the nature of suit or
prejudicing defendant in any manner. Allowing amendment will help to
resolve all the disputes between the parties. If application is allowed, it
will help to decide the suit on merits and will further avoid multiplicity
of proceedings. Therefore, in the interest of justice, the chamber
summons of plaintiff deserves to be allowed. In result, I proceed to pass
following order.
ORDER
1. Chamber Summons No.1998/2019 is allowed.
2. Plaintiff shall carry out proposed amendment within stipulated
time.
3. Costs in cause.
4. Chamber Summons No.1998 of 2019 is accordingly disposed of.
(C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 10.01.2020 City Civil Court, Gr. Mumbai
Dictated on :10.01.2020.
Transcribed on :10.01.2020.
Signed on :13.01.2020.
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CH/S No.1998/2019 4 L.C. Suit No.2451/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.01.2020, 10.59 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
10.01.2020
JUDGMENT/ORDER signed by
P.O. on
13.01.2020
JUDGMENT/ORDER uploaded on 14.01.2020
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