1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 730 OF 2009 Mr.Mehmood Abbas Khan ... Applicant v/s The Municipal Corporation for Greater Mumbai ... Respondent Mr.Rajesh Singh for the applicant. Smt.K.K.Soraan for the Corporation. CORAM: SMT.NISHITA MHATRE, J. DATED: 5TH DECEMBER, 2009 P.C.: 1. The civil revision application challenges the order passed by the Trial Court on 5.9.2009 by which only part of the schedule to the chamber summons has been allowed. According to the applicant, this chamber summons was filed for bringing on record certain events which have occurred after the notice under Section 351 of the M.M.C. Act was issued. The applicant submits that notice under Section 351 was issued late and, therefore, it was necessary to bring 2 these facts on record as well the notice and other related documents indicating that the structure mentioned in the notice issued under Section 351 was not unauthorized. 2. I have perused a copy of the impugned order. It appears that the Trial Court has permitted the plaintiff to carry out amendments in the plaint in terms of Parts B to D of the schedule to the chamber summons. However, Parts A, E and F have been disallowed. 3. In my opinion, the Trial Court has committed an error by not permitting the amendment to the plaint with regard to Parts A, E and F of the schedule. Undoubtedly, a notice under Section 351 of the Act has been issued to the plaintiff. He has replied to the same. Therefore the plaintiff has sought permission to place on record this notice and its reply. Apart from that, electricity bills for the year 2006 and 2007 and assessment extract for the year 2008-09 are also sought to be produced to indicate the existence of the structure. Part-A reflects the pleadings with respect to the impugned notice as well as the electricity bills and the assessment extract. Therefore, in my opinion, it was necessary to allow the amendment sought in toto. 3 4. Accordingly, the civil revision application is allowed. The order passed by the Trial Court is modified to the extent that the plaintiff is at liberty to amend the plaint in accordance with the schedule to the chamber summons. 5. Amendment to be carried out within two weeks from today. .....