Final Order 1

Order Details: Chamber summons
Pdf Text: CS 19-2019 in S.C. Suit No.1481 – 16 1 Date : 27.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 19 OF 2019
IN
S.C. SUIT NO.1481 OF 2016
(CNR NO.MHCC010001382019)
Mr. Niranjan Uttamchand Sachdev ..Plaintiff
Versus
Mr. Murlidhar Uttamchand Sachdev & Ors. .. Defendants
Appearances :
Adv.R.R.Sharma for plaintiff present.
Adv.Deepa for defendant no.2 and 3 present.
Adv.Nishith Sharma for defendant no.4 to 6 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 27.08.2019
ORDER
1. The plaintiff has filed instant Chamber Summons for
condonation of 75 days delay in filing Chamber Summons and to
bring legal heirs of defendant no. 3 on record.
2. It is contended by the plaintiff that during pendancy of the
present suit, the defendant no. 3 expired on 26.06.2018.
Defendant no. 2 and 3 have informed the aforesaid fact to the
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CS 19-2019 in S.C. Suit No.1481 – 16 2 Date : 27.08.2019
plaintiff on 10.10.2018. The advocate appearing for defendant no.
2 and 3 vide, its order dated 18.10.2018 informed the aforesaid
fact to the advocate of plaintiff. It is submitted by the plaintiff that
during month of June 2018 and July 2018, he was traveling out of
India. Therefore, he could not filed instant Chamber Summons
within time.
3. The Advocate Ms. Deepa appeared for defendant no. 2 has
also appeared on behalf of the legal heirs of defendant no. 3. In
fact, she is not seriously dispute to bring legal heirs on record. On
the basis of pleadings, it appears to me that defendant no. 3
expired on 26.06.2018, of which his knowledge was received to
the plaintiff on 18.07.2018. The plaintiff ought to have bring legal
heirs of defendant no. 3 on record within 90 days from the date of
knowledge. The plaintiff got knowledge of legal heirs and their
addresses on 11.10.2018. The plaintiff filed instant Chamber
Summons on 19.12.2018. Therefore, in my view, there is no delay
in preferring instant Chamber Summons. For the reasons stated
above, in my view, the Chamber Summons needs to be allowed.
Thus, I proceed to pass the following order :
ORDER
1. Chambers Summons No.19/19 is hereby allowed in terms of
prayer clause (a),(b)(c) and (d).
2. Plaintiff is directed to carryout necessary amendment as per
the schedule annexed in Chamber Summons, within 14 days
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CS 19-2019 in S.C. Suit No.1481 – 16 3 Date : 27.08.2019
from the date of present order.
3. Chamber Summons No.19/19 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 27.08.2019 Greater Mumbai
Dictated on : 27.08.2019
Typed on : 27.08.2019
Draft Submitted on : 27.08.2019
Checked on : 27.08.2019
Signed on : 29.08.2019
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CS 19-2019 in S.C. Suit No.1481 – 16 4 Date : 27.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
29/08/2019 at 3.00 p.m. (Mr. N.S.Waghmare)
UPLOAD DATE AND TIME NAME OF CLERKTYPIST
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
27/08/2019
JUDGMENT/ORDER signed by P.O.
on
29/08/2019
JUDGMENT/ORDER uploaded on 29/08/2019
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