Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 141/19 in Suit No. 7822/85. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.141 OF 2019
(CNR NO. MHCC010008142019)
IN
SUIT NO. 7822 OF 1985
(CNR NO. MHCC010052952012)
(HIGH COURT SUIT NO. 3320 OF 1985)
Reliance Industries Holdings Pvt. Ltd. )...Plaintiffs
Versus
Metropolitan Investment and Others )...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. G.G.BHANSALI.
(C.R.NO. 31)
DATE : 17th JUNE, 2019.
Mr. Vipul Shukla, Advocate for Plaintiffs.
Mr. D'Souza, Advocate for Defendant No.4a and 4b.
ORAL ORDER
This is a chamber summons taken out by plaintiff with a
request that defendant be directed to disclose names of all legal heirs of
defendant no.4. Ld. Advocate Shukla for plaintiff submits that
defendant no.4a and 4b are made party in the suit, however all legal
heirs of defendant no.4 are necessary, therefore, plaintiff preferred this
chamber summons to get information in respect of legal heirs of
defendant no.4.
2. It is added by ld. Advocate Shukla for plaintiff that in sur
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Ch/s No. 141/19 in Suit No. 7822/85. 2 Order.
rejoinder submitted by defendant no.4, in para 7, names of all legal
heirs are mentioned by defendant no.4, accordingly, plaintiff may be
directed to bring remaining legal heirs on record.
3. Ld. Advocate D'Souza for defendant 4a and 4b submits that
there are numerous grounds mentioned in reply in respect of tenability
of present chamber summons. It is added that the executant of a will is
already on record, therefore, there is no necessity to record all legal
heirs of defendant no.4. It is requested to reject the chamber summons.
4. It is material to note that suit is filed for specific
performance of contract. It is pending since 33 years. Plaintiff being
master of the suit is “dominus litus”, he is at liberty to decide who is the
necessary party. There is substance in the apprehension of the plaintiff
that, upon conclusion of suit, if it find that the remaining legal heirs
may agitate that he was necessary party but plaintiff has intentionally
avoided to record his name in the suit.
5. Defendant no.4 was a necessary party, therefore he is
impleaded in the suit. It is to note that there is no probate, therefore, it
cannot be concluded that being executant only one legal heir is to vest
all rights of the suit property. Accordingly chamber summons is
allowed. Plaintiff to take appropriate steps in view of legal heirs as
mentioned in para 7 of surrejoinder dated 18/04/2019. Hence the
order :
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Ch/s No. 141/19 in Suit No. 7822/85. 3 Order.
ORDER
1. Chamber Summons No. 141/2019 is allowed.
2. Plaintiff is at liberty to record legal heirs of defendant no.4
(as mentioned in para 7 of surrejoinder filed by
defendant).
3. Plaintiff to take steps to serve summons to the legal heirs
i.e. defendant no.4(c) Usha Chaddha.
4. Amendment to be carried out on or before next date.
5. Ch/s No. 141/2019 is disposed off accordingly.
(G.G.BHANSALI )
Judge,
City Civil & Sessions Court,
Date : 17/06/2019. Gr.Mumbai.
1. Dictated on : 17/06/2019.
2. Transcribed on : 17/06/2019.
3. Signed on : 20/06/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 141/19 in Suit No. 7822/85. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/06/2019. 5.45 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of
Judgment/Order
17/06/2019.
Judgment/Order signed by P.O. on 20/06/2019.
Judgment/Order uploaded on 20/06/2019.
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