Full Order Text
Final Order 1 · 24 Feb 2021 · CNR MHCC010122322019
Order Details: Chamber summons Pdf Text: CS No.2139-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.2139 OF 2019 IN S.C. SUIT NO.2448 OF 2009 CNR NO.MHCC01-012232-2019 Aziz-UR-Rehman … Plaintiff Vs. The Maharashtra Housing & Area Devlopment Board & Anr. … Defendants Appearances: Ld. Adv Luliya for the plaintiff. Ld. Adv Prabhu for defendant. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 24th FEBURARY 2021 ORAL ORDER The plaintiff has taken out this chamber summons under Order VI Rule 17 of the Code of Civil Procedure, 1908. 2. Heard. Perused the chamber summons, the affidavit filed in support thereof and the reply. 3. From the perusal of the affidavit filed in support of the chamber summons, it is clear that consequent to the letter dated Page 1 of 4 -- 1 of 4 -- CS No.2139-2019 17.10.2019 of the Chief Officer, M.B.R. & R. Board, Mumbai, the plaintiff intends to add new paras 13-J and prayer clauses (a-1) and (b- 1) in the plaint. 4. Defendants in their reply have raised certain objections which are germane to the merits of the case. It is well settled law that while deciding an application for amendment, it is not necessary to dwell on the merits of the case. 5. The learned Advocate defendants has opposed the proposed amendment on the ground of the alleged delay on the part of the plaintiff in taking out the chamber summons. 6. The plaintiff has taken out this chamber summons on 26.11.2019 around one month from the letter dated 17.10.2019. So, it cannot be said that the plaintiff has belatedly filed this chamber summons. Even otherwise, mere delay in making an application cannot be a ground for refusing prayer for amendment. 7. The proposed amendments are based on the subsequent events and are necessary for complete and effectual adjudication of the real question in controversy between the parties and to avoid multiplicity of the proceedings. The proposed amendments if allowed to be incorporated in the plaint would not change the nature of the suit. The defendants would get an opportunity to file an additional written statement. As such, if the plaintiff is allowed to amend the plaint, no prejudice would be caused to the defendants. So, I hold that chamber Page 2 of 4 -- 2 of 4 -- CS No.2139-2019 summons deserves to be allowed in terms of prayer clause (a) and proceed to pass the following order: ORDER 1. Chamber Summons No.2139 of 2019 is allowed in terms of prayer clause (a). 2. Necessary amendment be carried out in the plaint as per the schedule to the chamber summons on or before the next date. 3. Costs shall be costs in the cause. 4. Chamber Summons No.2139 of 2019 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 24/02/2021 City Civil Court, Gr. Bombay Dictated on : 24/02/2021 Transcribed on : 24/02/2021 HHJ signed on : 24/02/2021 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 25.02.2021 3.35 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGEMENT /ORDER 24.02.2021 JUDGEMENT /ORDER signed by P.O. on 24.02.2021 Page 3 of 4 -- 3 of 4 -- CS No.2139-2019 JUDGEMENT /ORDER uploaded on 25.02.2021 Page 4 of 4 -- 4 of 4 --