Final Order 1

Order Details: Chamber summons
Pdf Text: CS 0418 in SU 860195 : 1 : Dt. 25.01.2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 04 OF 2018
IN
SUIT NO. 8601 OF 1995
(HIGH COURT SUIT NO. 1887 OF 1995)
Stanislaus P.D. Monteiro alias Stanley
Gregory Joseph Monteiro ...Plaintiff
Versus
1. Ratna Maria Stanley Monteiro
2. Merlyn J. Monteiro …Defendants
And
John Gregory Francis Monteiro ...Respondent /
Proposed Defendant No.3
Adv. Ms. D'lima for Plaintiff present.
None present for defendant.
CORAM : HER HONOUR JUDGE
DR (SMT.) SRISHTY NEELKANTH
(C.R. NO.02)
DATED : 25th JANUARY, 2018
ORDER
Present Chamber Summons has been moved by the plaintiff
for deleting the name of the deceased defendant no. 1 and adding the
name of proposed defendant.
2. Chamber Summons was duly served upon the defendants
and respondent but no reply was filed by them.
3. The learned advocate of plaintiff submitted that the
defendant no. 1 was plaintiff’s estranged wife and defendant no. 2 was
his estranged daughter. She submitted that plaintiff came to know
about the demise of defendant no. 1 on 06.09.2017, when his
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CS 0418 in SU 860195 : 2 : Dt. 25.01.2018
neighbour brought to his notice a newspaper cutting dated 30.08.2017,
showing the announcement of death. She submitted that the proposed
defendant / respondent was the son of the plaintiff and he alongwith
defendant no. 2 was the only heir of the defendant no. 1. She thus
prayed that in such circumstances the amendment may be allowed.
4. Heard advocate of plaintiff. Perused the roznama and
documents on record.
5. Considering the circumstances before me, where the
advocate of plaintiff has produced the newspaper cutting showing the
announcement of death of defendant no. 1 and no reply is filed by the
respondent, the Chamber Summons deserves to be allowed. Hence,
following Order is passed :
ORDER
1. Chamber Summons No. 04 of 2018 is allowed.
2. Amendment be carried out by next date.
(Dr. Srishty Neelkanth)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 25.01.2018.
Transcribed on : 29.01.2018.
Signed on : 01.02.2018.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
25.01.2018 at 5.55 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
DR(SMT) SRISHTY NEELKANTH
(C.R. No.02)
Date of Pronouncement of
JUDGMENT/ ORDER
25.01.2018
JUDGMENT/ORDER signed by P.O.
on
01.02.2018
JUDGMENT/ORDER uploaded on 01.02.2018
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