What are rules for restoration of notice of motion.
Sadanand B. Panchal
(Querist) 11 May 2017
This query is : Open
Respected Experts,
There is Suit X of 2016 instituted by Housing Cooperative Society against Mumbai Municipal Corporation before the City Civil Court praying for restraining Notice U/s. 53 (1) of MRTP Act issued for illegal construction of building. Suit filed falsely pleading that said Society is owner of entire plot where I am residing at same plot being one of co-owner of the plot. In Suit said Society taken out Notice of Motion praying for ad-interim injunction in terms of prayers in Suit. It was surprised that said draft Notice of Motion was filed before Hon'ble Court on 17.11.2016 in morning session- the first Hon'ble judge of Hon'ble Court granted leave to register same- on same day at afternoon session the registered Notice of Motion was tendered and the Hon'ble Court made absolute the Notice of Motion recording that Advocate for MMC was not pressed the matter nor filed any Reply. I came to the knowledge of fact that the Society filed said Suit without adding me party despite my Suit Y of 2011 pending before same Court against the Society and MMC Defendants Nos. 1 and 2. The first Hon'ble Judge was vacated post and second Hon'ble Judge presided in same Court. Therefore on 01.02.2017, I took out Chamber Summons for adding me party in said Suit X of 2016 and the Hon'ble Court granted leave to register Chamber Summons. I stated in Affidavit that the Notice of Motion was made absolute in Roznama without any oral Order and in single day. On 07.01.2017 on my request the Shirastedaar of Court returned draft Chamber Summons to me for registration.
It was surprising that without notice to me on 23.02.2017 the Advocates for Defendant MMC taken on Board the disposed off Notice of Motion and filed simple Application Ex-5 without affirmation and prayed for restoration. The Hon'ble Court passed Order restoring the Notice of Motion and recording that “However ad-interim reliefs will operate till disposal of Suit”. It was further surprising that again the suit is kept in morning session for Writ of Summons on 23.03.2017. I remained present before Hon'ble Court in afternoon session for my Chamber Summons, Plaintiff in morning session already taken adjournment on 31.08.2017 and gone away.
My query is
(1) that in pendency of Chamber Summons for adding party parties of suit, can Defendant file any application for restoration of disposed of Notice of Motion?
(2) Once Notice of Motion disposed off, can same Court have power to restore it without any Notice of Motion for restoration?
(3) After laps of three months from date of disposal of Notice of Motion, can court allow application for restoration without any Delay of condonation Application?
I am appearing in Hon'ble Court for the above matter as party in person. Kindly resolve my Queries.
Thanks.
