Date: 30-01-2020
Business: Adv. Sujit kurup for plaintiff filed Register Ch/s 124/20 @ affidavit.
Adv. Sanghvi for defendant.
The chamber summons 124/2020 is for bringing the legal representatives of the deceased defendant on record and accordingly carry out the consequential amendment. As per para 96(3) of the chapter 7 of appendix 7 as mentioned in the Bombay city civil and sessions court rules, which have been identical to the civil manual, there is no need to issue prior notice to the legal representatives if the application for bringing them on record is within limitation. In the case in hand the defendant died on 14.12.2019 whereas the Chamber summons has been filed on 16.01.2020. Thus, the chamber summons for bringing the legal representatives on record has been filed within limitation. Resultantly, the chamber summons 124 of 2020 is allowed and permission is granted to the plaintiff to carry out the amendment in the plaint as prayed as per the schedule annexed to the chamber summons for bringing the legal representatives on record and the consequential amendments. The plaintiff to carry out the amendment in the plaint on or before next date. On carrying out the amendment in the plaint as granted issue summons in Form No.6 alongwith the copies of amended plaint and the documents to the legal representatives of the defendant. The chamber summons 2133 of 2019 be kept pending till appearance of the legal representatives of the defendant. The same chamber summons 2133 of 2019 be proceeded as per rules on appearance on the legal representatives. The chamber summons 124 of 2020 is disposed.
Adjd for compliance to 06-02-2020
Nature Of Disposal: ALLOWED
Disposal Date: 30-01-2020
