Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.36 of 2019 1 Suit No. 9233 of 1994
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.36/2019
IN
SUIT NO.9233/1994.
(High Court Suit No. 5016of 1994)
(CNR No. MHCC010002852019)
Ramniklal Mohanlal Chawada ... Plaintiff
V/s.
1. Sharad Vasant Kotak and Ors. .. Defendants
CORAM : HIS HONOUR JUDGE
SHRI. GOPAL G. BHANSALI.
(C.R. NO.07)
DATE : 01.03.2019.
APPEEARANCE.
Ms.Rajlaxmi, Advocate for plaintiff.
Mr.Manish Gite, Advocate for Defendants.
ORAL ORDER
This is a chamber summons taken out by plaintiff for
amendment in the plaint as per schedule annexed. Perused the reply
submitted by the defendants no.1 to 4.
2. The learned advocate Rajlaxmi for plaintiff submits that
Ramniklal Chawla, husband of applicantBeena Chawala died on
02.07.2018, the death certificate is produced on record. They are only
legal heirs of the deceased plaintiff, hence it is requested for permission
for recording the legal heirs on record.
3. The learned advocate Gite for defendants no.1 to 4 submits
that para no. 4 of his affidavit in support to chamber summons is blank
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Chamber Summons No.36 of 2019 2 Suit No. 9233 of 1994
to the extent of death certificate of defendant no.5. There is no legal
heirs of defendant no.5 are brought on record. Hence, suit is abated
against defendant no.5. It is added that sufficient explanation is not
given by the applicant for condonation of delay. It is requested to reject
the application.
5. On perusal of death certificate, original plaintiff Ramaniklal
died on 02.07.2018. There is no much delay in submission of present
chamber summons. The applicant Beena Chawla is widow and she was
not knowing the exact steps to be obtained to continue with the present
suit.
6. It is admitted by the learned advocate for plaintiff that suit
is abated against defendant no.5. Obviously, the legal heirs of
defendant no.5 are not allowed to record. Considering aforesaid
discussion, permission is granted to record the legal heirs of deceased
plaintiff. Hence, order.
FINAL ORDER
1. The Chamber Summons No. 36 of 2019 are allowed.
2. The applicant/LR's of plaintiff are allowed to record
their names in the plaint within 14 days from today.
3. The Notice of Motion and Chamber Summons are
disposed of accordingly.
(Gopal G.Bhansali )
Judge,
Date:01.03.2019. City Civil Court, Gr.Mumbai.
Dictated on : 01.03.2019.
Transcribed on : 01.03.2019.
Signed on :
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Chamber Summons No.36 of 2019 3 Suit No. 9233 of 1994
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
13.03.2019 at 12.21am. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.07)
Date of pronouncement of Judgment 01.03.2019
Judgment signed by P.O. on 12.03.2019
Judgment uploaded on 13.03.2019
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