Final Order 1

Order Details: Chamber summons
Pdf Text: CS. 97 of 2019 in S.C. Suit no. 2885 of 2015
1 Date : 08.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 97 OF 2019
IN
S.C. SUIT NO. 2885 OF 2015
(CNR NO.MHCC01000599 2019 )
Shri. Sugandh Anant Bamne .. Plaintiff
Versus
Shri. Suresh Anant Bamne & Anr. .. Defendants
And
Shri. Vasant Anant Bamne & Ors. ..Prop. Defendants.
Appearances :
Plaintiff in person present.
Defendant and advocate absent.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 08.08.2019
1. The plaintiff has filed instant Chamber Summons for
condonation of 112 days delay in presenting the Chamber
Summons and permission to bring legal heirs of defendant no. 2
on record.
2. It is contended by the plaintiff that after death of defendant
no. 2, plaintiff was continuously not keeping good health and
considerable time went into securing the addresses of the legal
heirs. Therefore, the delay has been caused to bring legal heir of
defendant no. 2 on record. Chamber Summons is opposed by the
other side on the ground that plaintiff did not assign sufficient
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CS. 97 of 2019 in S.C. Suit no. 2885 of 2015
2 Date : 08.08.2019
reason to condone delay.
3. Heard both the sides. Perused Chamber Summons. Reasons
assigned by the plaintiff is on the affidavit. Moreover, the plaintiff
was continuously not keeping good health. The right to sue is still
survive against the defendant no. 2. Hence, in my view, the
Chamber Summons needs to be allowed. The inconvenience
caused to the other side can be compensated by awarding
reasonable cost of Rs. 1,000/. Thus, I proceed to pass the
following order.
ORDER
1. Chamber Summons No. 97 of 2019 is hereby allowed in
terms of prayer clause “a and b” with subject to cost of
Rs. 1,000/ to be payable to defendant on or before
next date.
2. Plaintiff to carry out necessary amendments as per
schedule 1 annexed with the Chamber Summons within
period of 14 days from the date of order.
3. Chamber Summons No. 97 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 08.08.2019 Greater Mumbai
Dictated on : 08.08.2019
Typed on : 08.08.2019
Draft Submitted on : 08.08.2019
Checked on : 09.08.2019
Signed on : 09.08.2019
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CS. 97 of 2019 in S.C. Suit no. 2885 of 2015
3 Date : 08.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
09/08/2019 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
08/08/2019
JUDGMENT/ORDER signed by P.O.
on
09/08/2019
JUDGMENT/ORDER uploaded on 09/08/2019
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