Final Order 1

Order Details: Chamber summons
Pdf Text: CS. 35 of 2018 in Suit no. 292 of 2016
1 Date : 13.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 35 OF 2018
IN
SUIT NO. 292 OF 2016
(CNR NO.MHCC01000148 2018 )
Kaushik Sevantilal Shah .. Plaintiff
Versus
Rajendra Sevantilal Shah & Ors. .. Defendants
Appearances :
Adv.Vijay Upadhyay for plaintiff present.
Adv. for defendant no.1 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 13.08.2019
1. The plaintiff filed instant Chamber Summons for
condonation of delay of 196 days in preferring the instant
Chamber Summons for setting aside, abatement and bringing legal
heirs of defendant no. 3 on record as per schedule annexed with
the Chamber Summons.
2. It is contended by the plaintiff that defendant no. 3 expired
on 26th November 2016 leaving behind three legal heirs to inherit
his estate. It is contended by the plaintiff that for about 6 months,
he was out of India and therefore, there was no communication
between him and his advocate. Due to the aforesaid fact, the legal
heirs of defendant no. 3 could not be brought on record in time.
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CS. 35 of 2018 in Suit no. 292 of 2016
2 Date : 13.08.2019
Thus, it is contended by the plaintiff, due to the mis
communication between him and his advocate, the delay has been
caused and legal heirs of defendant no. 3 could not be brought on
record within time. Therefore, he has assigned good and sufficient
reason to condone the delay.
3. Per contra the defendant no. 1 filed his say and opposed
instant Chamber Summons.
4. Heard both the sides. Perused Chamber Summons and reply.
It is contended by the defendant no. 1 that the legal heirs of
defendant no. 3 as mentioned by the plaintiff in the schedule are
not only the legal heirs but the wife of defendant no. 3 is also one
of the legal heir. In my view, the reasons assigned by the plaintiff
are cogent and sufficient to condone the delay. Due to the mis
communication between him and his advocate, the legal heirs of
the defendant no. 3 could not be brought on record within time.
In my view, without going into technicalities, the plaintiff needs to
allow to bring legal heirs of defendant no. 3 as set out in the
schedule. No prejudice or harm would cause to the defendant. As
far as regarding the other legal heirs of the defendant no. 3 is
concern, the plaintiff at liberty to take appropriate steps. In view
of the above, in my view, delay of 196 days can be condoned
subject to the payment of cost of Rs. 2,000/ . Thus, I proceed to
pass the following order:
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CS. 35 of 2018 in Suit no. 292 of 2016
3 Date : 13.08.2019
ORDER
1. Chamber Summons No. 35 of 2018 is hereby allowed in
terms of prayer clause no. a, b and c, subject to payment of
cost of Rs. 2,000/ to defendant no. 1.
2. Plaintiff to carry out necessary amendment as per schedule 1
annexed with the Chamber Summons within a period of 14
days from the date of present order.
3. Chamber Summons No. 35 of 2018 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 13.08.2019 Greater Mumbai
Dictated on : 13.08.2019
Typed on : 13.08.2019
Draft Submitted on : 13.08.2019
Checked on : 14.08.2019
Signed on : 14.08.2019
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CS. 35 of 2018 in Suit no. 292 of 2016
4 Date : 13.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14/08/2019 at 3.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
13/08/2019
JUDGMENT/ORDER signed by P.O.
on
14/08/2019
JUDGMENT/ORDER uploaded on 14/08/2019
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