Final Order 1

Order Details: Chamber summons
Pdf Text: Dt: 30.01.2020
SUIT 8357/98
@ CHS 2133/19
@ CHS 124/20
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
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 06022020
Judge
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