Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 2108 OF 2019
(CNR NO. MHCC010119952019)
IN
LONG CAUSE SUIT NO. 3074 OF 2018
Mr. Shankar Dharmaraj Gomte ... Plaintiff
V/s.
The Municipal Corporation of
Greater Mumbai. … Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 08/04/2022
Adv. Ms. Narvekar for the plaintiff.
Adv.Ms.Deepali Patil for the defendants/MMC.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff to
amend the plaint as per the schedule annexed to the Chamber
Summons.
2. Defendant filed reply to the Chamber Summons and
contested the Chamber Summons.
3. Perused the Chamber Summons and reply of the defendant
corporation. Heard advocates for the parties at the length.
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2 Ch/s.2108/2019
4. It is contended by the plaintiff that he wants to bring
certain facts and pleading pertaining to the documents in respect of the
suit premises on record. Therefore, plaintiff wants to cause amendment
in the plaint.
5. As per Order 6 Rule 17 of the Code of Civil Procedure the
Court may at any stage of the proceeding allow either party to alter or
amend his pleadings in such manner and on such terms as may be just,
and all such amendments shall be made as may be necessary for the
purpose of determining the real questions in controversy between the
parties. Order 6 Rule 17 of the Code of Civil Procedure speaks that the
amendment shall be allowed if it is necessary for determining the real
question in controversy between the parties.
6. If the nature of the amendment look into it is pertaining to
the certain facts regarding the suit premises and documents pertaining
to the same. Therefore, the proposed amendment stated in schedule
annexed with the chamber summons is relevant with the subject matter
of the suit. It will only add the pleading in the plaint. The proposed
amendment will not change the nature of the suit in any way. The
proposed amendment which is pertaining to the suit premises will help
or determining the real question in controversy between the parties.
7. In this background, it is held that this chamber summons
deserves to the allowed for permitting the plaintiff to cause amendment
in the plaint as per the schedule annexed with the chamber summons.
Hence, following order is passed.
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3 Ch/s.2108/2019
ORDER
1. The Chamber Summons No.2108/2019 is allowed in
terms of prayer clause (a) only.
2. The plaintiff is permitted to cause amendment in the
plaint as per the schedule annexed with the chamber
summons.
3. The proposed amendment shall be carried out in the
plaint within 14 days from today.
4. The Chamber Summons No.2108/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :08/04/2022 City Civil Court, Gr.Mumbai.
Dictated on : 08/04/2022
Typed on : 08/04/2022
Signed on :
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4 Ch/s.2108/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/04/2022 05.00 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
08/04/2022
JUDGMENT/ORDER signed by
P.O.on
08/04/2022
JUDGMENT/ORDER uploaded on 08/04/2022
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