Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 2291-19 1
MHCC010133212019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO. 2291 OF 2019
in
L.C. SUIT NO. 4643 OF 2006
Gajanan Mahadev Savatirkar
.....Plaintiff
Versus
MCGM .
... Defendant
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 22nd December, 2020.
Appearance:-
Advocate for Applicant/plaintiff absent.
Shri. Gajanan Shinde alongwith Smt. Rawde; Advocate for MCGM.
ORAL ORDER
1) Plaintiff has taken out this Chamber Summons for
amendment in the plaint.
2) Perused contents of Chamber Summons and its supporting
affidavit. Perused reply given by MCGM whereby the said amendment is
strongly opposed.
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CS No. 2291-19 2
3) It reveals that in the year 2017 the main suit was dismissed
in default. Thereafter, MCGM demolished the disputed structure.
Subsequently, the main suit was restored on the board. Therefore,
plaintiff wants to bring on the record all said happenings. Plaintiff has
shown schedule showing that what portion he is going to amend in the
plaint.
4) I have heard arguments of Ld Advocate appearing on behalf
of MCGM. Today Ld Advocate of plaintiff is not present.
5) Perusal of Chamber Summons and affidavit it shows that
after the main suit was dismissed in default. Subsequently, notice
structure was demolished by MCGM. Therefore, I do not find any
hurdle in allowing the amendment because burden of proof will be on
the shoulders of the plaintiff to prove those allegations. Furthermore in
the main suit defendant is having opportunity to cross examine
witnesses of plaintiff in that regard. Therefore, it cannot be said that the
proposed amendement would cause any prejudice on defendant. The
dominant purpose of allowing such amendment is to minimize
litigations between the parties and to decide the controversy finally on
merits.
6) Considering peculiar facts and circumstances I procced to
pass following order in the interest of justice.
ORDER
1) Chamber Summons No. 2291/19 is hereby
allowed as prayed for.
2) Plaintiff is permitted to carryout the
amendment shown in the schedule within 14
days from the date of this order. Further,
amended plaint shall also be produced within
the said prescribed period under Order 6 Rule
17 & 18 of the C.P.C.
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CS No. 2291-19 3
3) Thereafter, defendant will be at liberty to
submit additional written statement, if any.
4) Plaintiff shall avoid delay in the main suit.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Direct typed on : 22/12/2020
Checked on : 22/12/2020
Signed by HHJ on : 22/12/2020
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CS No. 2291-19 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/12/2020 Mrs. S.A. Shekade.
Name of the Judge (With Court
room no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGEMENT/ORDER
22/12/2020
JUDGEMENT/ORDER signed by
P.O. on
22/12/2020
JUDGEMENT/ORDER uploaded on 23/12/2020
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