Final Order 1

Order Details: Chamber summons
Pdf Text: CS 248-19 in Suit No.6306 of 2005
1 Date : 22.08.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 248 OF 2019
IN
SUIT NO.6306 OF 2005
(H.C. SUIT NO. 1281 OF 2005)
(CNR NO.MHCC010013132019)
Kamlakar Sadashiv Kamboker & Ors. ..Plaintiffs
Versus
Mahadeo Pandurang Kambekar & Ors. .. Defendants
Appearances :
Adv.R.G.Bhat for plaintiff present.
Adv.Cesar Pereira for defendant no.7 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 22.08.2019
ORDER
1. The plaintiff no. 4 has filed instant Chamber Summons for
condonation of 5 years and 14 days delay in filing instant Chamber
Summons and further seek to allow to bring legal heirs of
deceased plaintiff no. 3 on record and add them as defendant no.
9 to 10 in the proceeding.
2. It is contended by the plaintiff no. 4 that the plaintiff no. 3
died on 12.12.2003 leaving behind the respondents herein as her
only legal heirs. The legal heirs of the defendant no. 3 are not
interested in prosecuting the present suit. Therefore, the fact of
death of plaintiff no. 3 did not came to the knowledge of plaintiff
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CS 248-19 in Suit No.6306 of 2005
2 Date : 22.08.2019
no. 4. Therefore, till date the legal heirs of the plaintiff no. 3 could
not be brought on record.
3. It is submitted by the plaintiff no. 4 that when he went to the
house of plaintiff no. 3, it came to his knowledge about fact of
death of the plaintiff no. 3. Therefore, in view of the aforesaid
fact, the plaintiff no. 4 prayed for condonation of delay in bringing
legal heirs of plaintiff no. 3 on record and they should be added as
defendant no. 9 to 10.
4. The Chamber Summons is opposed by the defendant no. 7
by filing his say. Heard both the sides. Perused Chamber
Summons and reply. As per order XXII Rule 10(A), it is the duty of
advocate who represent the deceased to intimate the fact of death
of the parties. In the present case, Advocate Mr. Bhat is appearing
for all the plaintiffs but as all the plaintiffs are residing at different
addresses, it may be possible that he may not in contact with all
the plaintiffs. Therefore, in such a situation, the burden could not
be imposed upon the advocate.
5. It appears from the affidavit in respect of the Chamber
Summons that the plaintiff no. 3 has died on 12.12.2013 leaving
behind respondents as only legal heirs. It further appears that the
legal heirs of plaintiff no. 3 are not interested in the proceeding of
matter. Therefore, in such circumstances, in my view, the prayer
of plaintiff needs to be allowed. Thus, I proceed to pass the
following order.
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CS 248-19 in Suit No.6306 of 2005
3 Date : 22.08.2019
ORDER
1. Chamber Summons No. 248 of 2019 is hereby made absolute
in terms of prayer clause (a) and (b).
2. The delay of 5 years 14 days is hereby condoned and
plaintiff is permitted to carry out necessary amendment as
per schedule of Chamber Summons No. 248 of 2019 within
14 days from the date of order.
3. Plaintiff No. 4 to bear its own cost.
4. Chamber Summons No. 248 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 22.08.2019 Greater Mumbai
Dictated on : 22.08.2019
Typed on : 22.08.2019
Draft Submitted on : 22.08.2019
Checked on : 23.08.2019
Signed on : 23.08.2019
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CS 248-19 in Suit No.6306 of 2005
4 Date : 22.08.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23/08/2019 at 3.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
22/08/2019
JUDGMENT/ORDER signed by P.O.
on
23/08/2019
JUDGMENT/ORDER uploaded on 23/08/2019
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