Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 2218/2019 in
L.C. Suit No. 1365/2019.
MHCC010128762019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2218 OF 2019.
IN
L.C. SUIT NO. 1365 OF 2019.
Narayanrao Balwantrao Patil. …...................…... …... Plaintiff.
V/s.
M.C.G.M. ............................................................. …... Defendant.
CORAM : Shri. A.G. Santani.
(Court Room No.11).
DATED : 21st March, 2022.
APPEARANCES :
Ms. Vijayarani Prasad h/f Mr. V.T. Dubey, the Ld. Advocate for Plaintiff.
Adv. Sunil C. Khandagale, the Ld. Advocate for Defendant.
*****
01. The plaintiff has taken out this Chamber Summons, U/O. VI
Rule 17 of the Civil Procedure Code, 1908, for amendment in the plaint.
Perused the Chamber Summons, his accompanying affidavit and the say
filed by the defendant. Heard both the sides.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendment is
necessary for deciding the real
question in controversy between the
parties ?...…………………………….. …. Yes.
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.2. CH/S No. 2218/2019 in
L.C. Suit No. 1365/2019.
(ii). What Order? .............…..................... …. As per final Order.
-: REASONS FOR FINDINGS :-
AS TO POINT NO. 1 :
03. By filing this Chamber Summons, the plaintiffs’ only worry
is to bring on record that the defendant, without considering his reply
and documents, submitted in response to the the notice issued U/s. 354
- A of the M.M.C., on 08.05.2019, and without considering the fact that
this suit premises was already in existence, passed the Speaking Order
on 31.07.2019. The said Order came to be passed mechanically and it is
bad in law. As such, it needs to be declared accordingly. Hence, by way
of this amendment, he also prayed for relief of declaration to that effect.
The defendant, in his say, admitted passing of the said Order.
04. Having considered the record, at the out set, it is pertinent
to note that by filing this suit, the plaintiff sought reliefs of declaration
that the suit notice dtd. 08.05.2019 is illegal and he asked for the grant
of perpetual injunction against the defendant to action upon the same.
Now, in view of this Chamber Summons, he is willing to incorporate the
fact that in fact, without considering his reply and documents submitted
therewith, in mechanical way, the defendant passed the Speaking Order
on 31.07.2019. So far as the passing of this Order is concerned, there is
no dispute. Moreover, certainly, it is the event occurred during pendency
of this suit. Being so, the proposed amendment is formal and it wouldn't
cause any prejudice to the defendant. Simultaneously, it would facilitate
this Court to adjudicate upon the suit issues effectively and finally. That
apart, it would also minimize the chain of litigation between the parties.
Hence, I answered point No.1 in the affirmative and in answer to point
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.3. CH/S No. 2218/2019 in
L.C. Suit No. 1365/2019.
No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 2218/2019 is made absolute
in terms of prayer Clause (a).
(ii). The plaintiff is directed to carry out the proposed
amendment in the body of the plaint, positively
within two weeks from the passing of this Order.
(iii). Costs to follow the event.
(iv). Chamber Summons No. 2218/2019 is disposed off
accordingly.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 21.03.2022. City Civil Court, Mumbai.
Dictated on : 21.03.2022.
Transcribed on : 22.03.2022.
Signed on : 22.03.2022.
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.4. CH/S No. 2218/2019 in
L.C. Suit No. 1365/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 22.03.2022 at 11.30 a.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
21.03.2022.
Judgment /Order signed by P.O. on 22.03.2022.
Judgment/Order uploaded on 22.03.2022.
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