Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S No. 2234/2019 in
L.C. Suit No. 2028/2019.
MHCC010129172019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2234 OF 2019.
IN
L.C. SUIT NO. 2028 OF 2019.
Gama Samarthu Yadav……….......................... …... PLAINTIFF.
V/s.
M.C.G.M………………………………………..... …... DEFENDANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 06th April, 2022.
APPEARANCES :
Ms. Vijayarani Prasad, Ld. Advocate for the Plaintiff.
Mr. Sunil C. Khandagale, Ld. Advocate for the Defendant.
*****
01. The plaintiff has taken out this Chamber Summons (‘Ch/s.’
for short), U/O. VI Rule 17 of the Civil Procedure Code of 1908, to carry
amendment in the plaint. Perused the Ch/s., accompanying affidavit of
the plaintiff, and say of 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.
(ii). What Order ? .............…....................... …. As per final Order.
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.2. CH/S No. 2234/2019 in
L.C. Suit No. 2028/2019.
REASONS FOR FINDINGS
AS TO POINT NO.1 :
03. By filing the Ch/s., the plaintiff's only anxiety is to bring on
record that without considering his reply and documents submitted on
10.07.2019, in response to the suit notice dtd. 26.06.2019, issued U/s.
351 of the M.M.C. Act, the defendant passed the Order dtd. 18.11.2019.
While passing this Order, he didn’t consider the fact that the premises is
duly assessed to Municipal taxes and the said assessment is prior to the
year of 1962. As such, in mechanical manner, he passed the said Order.
Hence, it deserves to be declared as null and void. Consequently, he also
prayed for relief of declaration by way of the proposed amendment. The
defendant objected this Ch/s. mainly on the ground that after passing of
this Order, the cause of action will be changed and therefore, the Ch/s.
is to be rejected.
04. Having considered the rival submissions, at the out-set, it is
pertinent to note that by filing this suit, initially, the plaintiff challenged
the suit notice dtd. 26.06.2019 and claimed the reliefs like declaration,
perpetual injunction to that effect. Now, it seems that during pendency
of this suit, the defendant passed the Speaking Order, in pursuance of
the suit notice, on 18.11.2019. And, the plaintiff is denying this Order
on the grounds that it was passed without considering his stand in reply
and the documents, attached therewith. Moreover, the defendant didn’t
consider the fact that the suit premises existed prior to the year of 1962
and it was, accordingly, assessed for taxes. Needless to say that passing
of this Order, being the event occurred subsequent to filing of this suit,
is required to be incorporated in the plaint. Obviously, this amendment
is formal and it would not cause any harm to the defendant. Moreover,
the suit is at pre-trial stage. As regards the objection about the accrual
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.3. CH/S No. 2234/2019 in
L.C. Suit No. 2028/2019.
of new cause of action in favour of the plaintiff, there is no substance. In
the circumstances, to decide the real question in controversy in between
the parties, I am of the view that the amendment needs to be allowed.
Hence, I answered point No.1 in the affirmative and in answer to point
No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 2234/2019 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. 2234/2019, accordingly,
stands disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 06.04.2022. City Civil Court, Mumbai.
Dictated on : 06.04.2022.
Transcribed on : 06.04.2022.
Signed on : 06.04.2022.
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.4. CH/S No. 2234/2019 in
L.C. Suit No. 2028/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 06.04.2022. at 4.00 p.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
06.04.2022.
Judgment /Order signed by P.O. on 06.04.2022.
Judgment/Order uploaded on 06.04.2022.
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