Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1..
MHCC010010432020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 152 OF 2020
IN
SUIT NO.1567 OF 2019
Irwing Harold D’Costa
and constituted Attorney of 2 others. ...Plaintiffs.
Versus.
Ivor D’Costa and others. .… Defendants.
Appearance :
Adv. Jeffrey Jeseph for plaintiffs.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 5th November 2022.
ORAL ORDER
Perused pleadings and heard advocate for plaintiffs. Advocate for
defendants absent when called repeatedly. From the pleading it is seen
that the defendant no.1 expired on 14.12.2019 and defendant no.3
expired on 30.04.2014. The plaintiffs do not want to bring heirs of
defendant no.1 and 3 on record. Hence, suit shall abate against
defendant no.1 and 3. The plaintiffs want to add proposed defendant
no.3A to the suit. However plaintiffs have not disclosed cause of action
against him. No relief is sought by the plaintiffs against proposed
defendant. In such circumstances, proposed defendant no.3A is not
necessary party. In the result, following order is passed.
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ORDER ..2..
ORDER
1. Chamber Summons No.152 of 2020 is hereby partly allowed
without costs.
2. Plaintiffs are permitted to remove the name of defendant no.1
and 3 from the title clause as suit is abated against them.
3. Plaintiffs are permitted to carry out necessary amendment within
14 days from today through advocate.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 05.11.2022
Typed on : 05.11.2022
HHJ signed on : 05.11.2022
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ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 05.11.2022 , 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R.Patare
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
05.11.2022
JUDGMENT/ORDER signed by P.O.
on
05.11.2022
JUDGMENT/ORDER uploaded on 05.11.2022
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