Interim Order 1

Order Details: Chamber summons
Pdf Text: CNR NO : MHCC01-000606-2019. .1. Draft Chamber Summons in
L.C. Suit No. 132/2019.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO. 132 OF 2019.
Mohd. Ismail Abdul Majid Ansari. ....…......…… …. PLAINTIFF.
V/s.
MCGM. …………………………………………… …. DEFENDANT.
Mohd. Ibrahim Mohd. Ismail Ansari. ..………… …. APPLICANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 19th August, 2023.
APPEARANCES :
Mrs. Vijayarani Prasad, Ld. Advocate for the Plaintiff.
Mr. S.C. Khandagale, Ld. Advocate for Defendant/MCGM.
*****
01. The applicant has taken out this Draft Chamber Summons
(for brevity ‘the Ch/s’.), for his substitution as the legal representative
('the LR') of the original plaintiff. Perused the Ch/s., his accompanying
affidavit and say of the defendant. Heard.
02. Considering the record, the points for determination, along
- with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the applicant is entitled to be
substituted as L.R. of the late plaintiff ? .....No.
(ii). What Order ? .............…....................... …. As per final Order.
-: REASONS FOR THE FINDINGS :-
AS TO POINT NO.1 :
03. By filing this Ch/s., the applicant came with a specific case
that during pendency of the suit, his father i.e. the original plaintiff died
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CNR NO : MHCC01-000606-2019. .2. Draft Chamber Summons in
L.C. Suit No. 132/2019.
on 16.10.2022, leaving behind him as one of his LRs. He was not aware
about this suit and after demise of the original plaintiff, he was mentally
depressed. Hence, he could not preferred the Ch/s. timely and there has
been some delay on his part. Therefore, the said delay is to be condoned
and he may be substituted as his LR. in the plaint. On the contrary, the
defendant denied this Ch/s. as the applicant did not disclose his relation
with the late plaintiff. Moreover, he is not the only LR. of the plaintiff.
Considering the rival submissions, here, it is notable that bare recitals of
this Ch/s. reveal that this applicant is not the only LR. of the deceased
plaintiff. Barring his death certificate, he didn’t file any other document
to that effect. Consequently, in absence of such pleadings, this Ch/s. can
not be decided in proper prospect. Moreover, on inquiry, the applicant
informed that the plaintiff died, leaving behind him 4 sons, 4 daughters
and 3 wives as his L.Rs.. However, the record is silent as to why they are
not joined to this Ch/s.. Consequently, without recording any finding on
merits of this Ch/s., it stands disposed of as filed, leaving the applicant
at liberty to file the Ch/s. afresh, along-with all the requisite details of
the LRs. of late plaintiff. Hence, I answered point No. 1 in the negative
and to answer point No. 2, I pass the following Order:
-: O R D E R :-
(i). The Draft Chamber Summons is disposed of as filed,
leaving the applicant at liberty to prefer the Chamber
Summons afresh, with all requisite details as regards the
legal representatives of the deceased plaintiff.
(ii). The applicant to get registered this Draft Chamber
Summons, till the next date, for the statistical purpose.
(iii). Draft Chamber Summons is, accordingly, disposed of.
{A.G. Santani}
Mumbai. Judge,
Dated : 19.08.2023. City Civil Court, Mumbai.
Dictated on : 19.08.2023.
Transcribed on : 22.08.2023.
Checked and Signed on : 22.08.2023.
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CNR NO : MHCC01-000606-2019. .3. Draft Chamber Summons in
L.C. Suit No. 132/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
23.08.2023 at 10.49 a.m.
Name of the Stenographer
Mrs. S.R. Mejari
Name of the Judge (with Court Room No.) HHJ Shri A.G. Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 19.08.2023.
Judgment/Order signed by P.O. on 22.08.2023.
Judgment/Order uploaded on 23.08.2023.
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