Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.85 OF 2018
IN
SUIT NO.304 of 1991
Mr.Nusli N. Wadia ...Plaintiff
V/s.
Messrs K. Patel and Co. & anr. ...Defendants.
Appearances:
Ld.Adv. Mr.Sachin Nerkar for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.14)
DATED : 05th February,2018
ORDER
By way of this chamber summons plaintiffs prayed for
substituting names of legal representative of defendant No.2 deceased
Meghji Kanji Patel and add them in the array of defendant as defendant
Nos.2 (a) and 2(b) and permission to necessary amendment to that
effect.
2. Learned Advocate for plaintiff by supporting affidavit of one
Vidhya Bhalerao, General Manager of plaintiff/company submitted that,
during the pendency of this suit defendant No.2 expired on 07.09.2017
at Mumbai leaving behind is two legal heirs i.e Shri Jitendra
Meghjibhjai Patel and Shri Girish Meghjibhai Patel. Therefore, on
inquiry they have submitted death certificate of Meghj Kanji Patel and
prayed that they being necessary party for proper adjudication in this
suit. Hence, by this chamber summons they sought amendment to that
effect be permitted with consequential reliefs.
MHCC01-000482-2018
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CS 85/18 .. 2 .. Suit No.304/1991
3. After service of the suit summons upon defendant learned
Advocate for defendant filed reply and submitted that, chamber
summons is subject to the order of the Court if permissible.
4. Heard learned Advocate Sachin Nerkar and learned Advocate for
defendant. Perused application and say.
5. As per death certificate placed on record on 07.09.2017
Maghjibhai Kanjibhai Patel expired and to bring legal heirs this
chamber summons came to be lodged on 11.01.2018. Therefore, it is
well within limitation. The suit being for recovery for money and
damages, the cause of action so also right to sue survives. Therefore,
legal heirs of defendant Meghjibhai are necessary to be brought on
record. Their presence is necessary for complete factual adjudication of
the matter. They are also necessary to be heard in this matter
considering nature of the suit. Therefore, amendment sought for
deleting name of defendant No.2 and inserting the names of defendant
Nos.2(a) and 2(b) in array of defendant is just and proper. The
proposed amendment is not barred by limitation, due diligence is shown
and no prejudice is causing to the other side. Therefore, it is necessary
to being legal heirs of defendant No.2 after his death during pendency.
Hence, to determine real question involved between the parties
chamber summons needs to be made absolute. In the circumstances,
parties are directed to bear their costs and hence, I proceed to pass the
following order :
O R D E R
1. Chamber Summons NO.85 of 2018 is made absolute in
terms of prayer clause (a).
2. Proposed defendant Nos.2(a) Shri Jitendra Meghjibhai
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CS 85/18 .. 3 .. Suit No.304/1991
Patel and 2(b) Shri Girish Meghjibhai Patel be added in
the array of defendant within 14 days from the order.
3. Amended copies of plaint be supplied to defendants and
on record.
4. Amended copies of plaint along with writ of summons be
served on newly added defendants.
5. Parties to bear their own costs.
(ABHIJEET A. NANDGONKAR )
Judge, (C.R.No.14)
Dt.:05/02/2018 City Civil Court, Gr. Mumbai
Dictated on : 05.02.2018
Transcribed on : 06.02.2018
Signed on :
l
kps/
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CS 85/18 .. 4 .. Suit No.304/1991
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.0.18 at 5.48 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.14)
Date of pronouncement of judgment/order 05.0.18
Judgment/order signed by P.O. on 06.0.18
Judgment/order uploaded on 06.0.18
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