Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.25/19
in Summary Suit No.7799/2004
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.25 of 2019
(CNR NO. MH CC010002152019)
In
SUMMARY SUIT No.7799 OF 2004
1. Dr. Mrs. Chapala S. Singhvi
Indian Inhabitant,
Age : 79 years.
R/at : 2/144, Anand Bharti CHS Ltd.
M.B. Raut Road, Shivaji Park,
Dadar, Mumbai28.
2. Mrs. Sangeeta Irani
Indian Inhabitant,
Age : 49 years,
R/at : B2101, Rustomjee Oriana,
Gandhi Nagar, Road No.7,
Bandra (E), Mumbai.
3. Mrs. Preeti Agarwal
Indian Inhabitant,
Age : 47 years
R/at : 2/144, Anand Bharti CHS Ltd.
M.B. Raut Road, Shivaji Park,
Dadar, Mumbai28.
4. Mrs. Shubhra Butala
Age : 43 years,
R/at : 2/144, Anand Bharti CHS Ltd.
M.B. Raut Road, Shivaji Park,
Dadar, Mumbai28. ….Applicants
AND
Sobhagyamal Singhvi
Indian Inhabitant, Carrying on
Business in the firm name and
style of M/s. Soubhgya Advertising
Services at Jeevan Sahakar, 2nd Floor
Sir Phirozshash Mehta Road,
Fort, Bombay 400 001. ....Plaintiff
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2 Chamber Summons No.25/19
in Summary Suit No.7799/2004
V/s.
U.M. Lodha (Since deceased through
his legal heirs)
Rajesh Umrao Mal Lodha
46, an Indian Inhabitant,
R/at : O.No.7, No.17, Ceeatoph Road,
2nd Lane, Teynampet, Chennai 600 017 ....Defendant
Appearance:
Mrs. Sheetal Ekavade, Advocate for the Plaintiff.
Mr. D.M. Galani, Advocate for the defendant
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
Adhoc Judge
City Civil Court,
Gr. Bombay
(C.R.NO.40)
DATE : 04 th November, 2019.
ORDER
1. This Chamber Summons is taken out for bringing legal
representatives of deceased plaintiff on record.
2. It is the contention of legal representatives of deceased
plaintiff that the plaintiff died on 24.09.2018 leaving behind the
applicants as his legal representatives. Applicant No.1 is wife of
deceased plaintiff whereas the applicant Nos. 2 to 4 are his daughters.
3. To this chamber summons reply is filed on behalf of
defendant and it is submitted that the plaintiff has not left any Will or
Testamentary documents in favour of applicant Nos. 1 to 4. Alongwith
chamber summons the copy of Will, Successions Certificate, Letter of
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3 Chamber Summons No.25/19
in Summary Suit No.7799/2004
Administration or such other Testamentary documents are not filed to
show that the applicants are legal representatives of deceased plaintiff.
For these reasons, it is prayed that chamber summons may kindly be
dismissed.
4. Heard both learned Advocates at length. It is not disputed
that the suit is filed for recovery of an amount of Rs.17,21,359/ against
the defendant. Though the defendant has denied his liability, the right to
sue survives on the applicants after the death of plaintiff. The applicant
No.1 being the wife of deceased plaintiff and applicant Nos.2 to 4 being
daughters of deceased plaintiff are entitled to seek relief of recovery
against the defendant on behalf of deceased plaintiff. Copy of death
certificate attached with the affidavitinsupport of chamber summons
discloses that the plaintiff died on 24.09.2018 and present chamber
summons is filed on 04.12.2018 i.e. within the prescribed period of
limitation. Therefore, the reasons mentioned in the chamber summons
for brining legal representatives of deceased plaintiff on record are
convincing and can not be ignored merely on the ground that the
documents i.e. Will or other Testamentary documents are not filed on
record. Resultantly, I pass following order.
ORDER
1) Chamber Summons No.25/2019 is allowed in terms of prayer
clause (a) and (b).
2) The applicants shall carry out the amendment within the stipulated
period and shall serve copy of the same to the defendant.
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4 Chamber Summons No.25/19
in Summary Suit No.7799/2004
3) Chamber Summons No.25/2019, is disposed off accordingly.
(Jayshri R. Pulate)
Adhoc Judge
City Civil Court,
Gr. Bombay
Date : 04/11/2019
Dictated on : 04.11.2019
Transcribed on : 04.11.2019
Signed on : 06.11.2019
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5 Chamber Summons No.25/19
in Summary Suit No.7799/2004
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
08.11.2019 4.25 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
Adhoc Judge.
(Court Room No.40)
Date of pronouncement of Order 04.11.2019
Order signed by P.O. on 06.11.2019
Order uploaded on 08.11.2019
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