MAHESH D JOBANPUTRA Vs. MUNICIPAL CORPORATION OF GREATER) MUMBAI, THROUGH ASSISTANT MUNICIPAL COMMISSIONER HAVING ITS OFFICE AT DESIGNATED OFFICER

JUDGEMENT

(1.) By all these writ petitions filed under Article 227 of the Constitution of India, the petitioners (original plaintiffs) have impugned the order dated 9th March,2018 passed by the learned trial judge allowing the chamber summons filed by the applicants under Order 1 Rule 10 of the Code of Civil Procedure, 1908 inter alia praying for their impleadment in a suit filed by the petitioner (original plaintiff) challenging the validity of the notice issued by the Municipal Corporation of Greater Bombay under section 354 of the Mumbai Municipal Corporation Act, 1888.

(2.) Mr.Chavan, learned counsel appearing for the plaintiffs invited my attention to the documents annexed to the petitions, averments made in the prayers in the plaint and the findings recorded by the learned trial judge in the impugned order. It is submitted that the petitioners had challenged the validity of the notices issued by the Municipal Corporation under section 354 of the Act and thus the applicants in the chamber summons who are claiming to be some of the occupants in the buildings in respect of which the said notice is issued by the Corporation are neither necessary nor property parties for the purpose of adjudication of the dispute between the parties.

(3.) Learned counsel placed reliance on the judgment of Supreme Court in case of Mohammed Hussain Gulam Ali Shariff vs. Municipal Corporation of Greater Bombay and Others.,2016 DGLaw(SC) 884 and would submit that though in the said judgment, the Hon'ble Supreme Court had dealt with the notices issued under section 351 of the Municipal Corporation Act, the said principles will apply to the challenge to notice under section 354 of the Act. He submits that the said judgment is binding on this court and thus the impugned order passed by the learned trial judge allowing the chamber summons of the applicants being contrary to the principles of law laid down by the Supreme Court in case of Mohammed Hussain Gulam Ali Shariff (supra) deserves to be set aside.