Final Order 1

Order Details: Other
Pdf Text: 33 Dt:30.06.2023
SU 2844/18
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Following order is passed on Ch/S No.2337/2019.
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17
of CPC for carrying out amendment in the plaint. By way of
proposed amendment the plaintiff is seeking permission to
incorporate contention regarding demolition of structure by
the defendant/BMC on 12.11.2018. It is further stated that
after filing the suit defendant/corporation passed speaking
order dated 23.10.2018 and demolished the notice structure
unauthorizedly. It is further stated that plaintiff is
challenging said speaking order and demolition of notice
structure. It is further stated that the proposed amendment
is necessary for complete and effective adjudication of
dispute involved in the suit.
2. Adv. for defendant/corporation opposed chambers
summons stating that the corporation demolished structure
therefore noting remained in the suit. The chamber
summons is bared by limitation and no cause of action
arose after demolition of the notice structure.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in
support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the
plaint. The plaintiff is seeking permission to incorporate
contentions in respect of subsequent event of demolition of
notice structure and permission to reconstruct the structure.
The plaintiff has challenged the notice issued by corporation
u/s 351 of MMC Act and proposed amendment plaintiff is
challenging the demolition of notice structure and speaking
order. In this suit issues are not yet framed. It is well settled
that the amendment of pleading at pretrial stage should be
normally allowed if no any prejudice or injustice is caused
to the other side and if the nature of the Suit is not likely to
be changed as result of the amendment.
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SU 2844/18
5. In this case the Suit is at pretrial stage. By way of
proposed amendment plaintiff is seeking permission to
incorporate pleading in respect of demolition of notice
structure and challenging the speaking order. Thus, it
appears that the proposed amendment is just and necessary
for effective and complete adjudication of the dispute. The
nature of Suit is not likely to be changed if the proposed
amendment is allowed. Therefore, Ch/S deserves to be
allowed. Hence, I pass following order-
O R D E R
1. Ch/S No.2337/2019 is made absolute in terms of prayer
clause(b).
2. Plaintiff to carry out necessary amendment till next date.
3. Copy of amended plaint be served upon other side.
4. Ch/S No.2337/2019 stands disposed of accordingly.
Adjd to 02.08 2023 for Compliance
Judge
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