Final Order 1

Order Details: Chamber summons
Pdf Text: C/S.271/19 Suit 5070/2007 1
CNR No. MHCC010014152019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.271 OF 2019
IN
SUIT NO.5070 OF 2007
Mrs.Swati Anil Pandit & anr. ...Plaintiffs.
V/s.
Smt.Pawanbai Verimalji Haran(Jain)& Ors. ...Defendants.
And
Smt.Manjudevi W/o. Champalal Haran ...Respondent
(Prop.Defendant No.1(a)
Appearances:
Ld. Adv Shri.Sunil Patel for plaintiffs.
Ld. Adv Shri.S.E.Jadhawar for defendants.
CORAM : HER HONOUR JUDGE
SMT. SHAYANA PATIL
COURT ROOM NO.14
DATED : 25th June 2019
ORDER
1. Chamber summons is taken out by the plaintiffs for bringing the
legal heirs of defendant No.2 on record.
2. The advocate for defendants has not objected the Chamber
summons and orally submitted that it may be allowed.
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C/S.271/19 Suit 5070/2007 2
3. It is submitted by the plaintiff in affidavit in support that
defendant no.1 has expired on 21/10/2017 leaving behind her
respondent No.1(a) as beneficiary and that the cause of action survives
against her. It is further submitted that defendant no.2 has expired on
07/03/2012 and that his brother defendant no.3 is his legal heir and
that the defendant no.2 has released his right in favour of defendant
no.3 vide registered deed dated 18/01/2012. The death certificates of
defendant no.1 as well as 2 are placed on record.
4. The plaintiff has sought to bring respondent no.1(a) as the legal
heir of defendant no.1 being a beneficiary. Any other person has not
come forward to claim heir ship of defendant no.1 in this suit. It can be
seen that the suit is for specific performance of contract between the
parties. The dispute is not between the family members and therefore,
the heirship questioned is not required to be considered in this suit
while bringing the legal heirs on record. Moresoever any other person
has not come forward to claim the heirship and prayed for getting
impleaded in the suit in place of defendant no.1. Similarly in respect of
defendant no.2, the claim is based on the registered release deed
executed by defendant no.2 in favour of defendant no.3. It can be seen
that such contention of plaintiff in affidavit are based on the letter by
advocate for defendant no.3 addressed to the advocate for plaintiff.
5. The aspect of delay in bringing the legal heirs of defendant
no.3 is required to be considered. There is a delay of more than 6 years.
However, plaintiff has claimed that he was unaware of death of the
parties in the suit and he has come to know about the same by reason
of letter dated 19/09/2018 by advocate for defendant whereas, the
chamber summons is taken out on 21/12/2018 which is within
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C/S.271/19 Suit 5070/2007 3
prescribed time from knowledge about death of the parties. The aspect
of knowledge of plaintiff about death of defendant is not challenged by
the defendant . Under such circumstances, delay needs to be condoned
in the interest of justice. Hence, the order.
ORDER
1. Chamber summons No.271 of 2019 is allowed.
2. Delay in bringing the respondent on record of the suit is hereby
condoned subject to cost of Rs.5000/ to be deposited in court within 15
days which shall be credited to State Government.
3. The plaintiff is allowed to carry out necessary corrections in the
plaint for bringing respondent No.1(a) on record and replacing the
name of defendant no.2 by name of defendant no.3 within 15 days after
the compliance of payment of cost.
4. Chamber summons No.271 of 2019 is disposed of accordingly.
( SHAYANA PATIL )
Judge,
Dated : 25/06/2019 City Civil Court, Gr. MUMBAI
Dictated on : 25/06/2019
Transcribed on : 25/06/2019
Signed on : 28/06/2018
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C/S.271/19 Suit 5070/2007 4
TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
Upload
Date
Upload Time Name of Stenographer
29/06/2019 11.25p.m. Mrs.J.V.Pawar
Name of the Judge (With
Court Room No.)
HHJ Smt.Shayana Patil (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
25/06/2019
JUDGEMENT /ORDER signed
by P.O. on
28/06/2019
JUDGEMENT /ORDER
uploaded on
29/06/2019
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