Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.2057/2017 1 Ch/Sum. No.2110/2019.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2110 OF 2019
(CNR No.MHCC01-011989-2019)
IN
L.C. SUIT NO. 2057 OF 2017
(CNR No.MHCC01-008958-2017)
Abdul Latif Abdul Majid Khan ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 10/03/2021.
Mr. V.T. Dubey Advocate for Plaintiff.
Mr. Atif Shaikh Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken out this Chamber summons for amendment of
plaint under Order-6 Rule-17 of CPC, 1908.
2. Mr.V. T. Dubey Advocate for plaintiff has submitted that plaintiff
had filed assessment record. However, the Designated Officer has not
considered the said record while passing of speaking order. Therefore, it
is necessary to add the said fact in the plaint. Hence, he prayed to allow
the chamber summons.
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L.C.Suit No.2057/2017 2 Ch/Sum. No.2110/2019.
2. Mr. Atif Shaikh Advocate for Defendants / MCGM has submitted
that there are no sufficient ground to allow the chamber summons. He,
prayed to dismiss the same.
4. By this chamber summons plaintiff wants to bring the facts that
despite of producing assessment record, the same was not considered by
the Designated Officer and speaking order is passed. I have perused the
schedule of amendment. By way of proposed amendment nature of suit
does not change. No prejudice will be caused to the defendant.
Therefore, chamber summons deserves to be allowed. Hence, following
order.
ORDER
1. Chamber Summons No.2110/2019 is made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out amendment within two
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 10/03/2021. Mumbai.
Dictated on : 10/03/2021.
Transcribed on : 10/03/2021.
Signed on : 11/03/2021.
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L.C.Suit No.2057/2017 3 Ch/Sum. No.2110/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/03/2021. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 10/03/2021.
Judgment/Order signed by P.O. on 11/03/2021.
Judgment/Order uploaded on 11/03/2021.
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