Final Order 1

Order Details: Chamber summons
Pdf Text: CS.396/19 in S.C. Suit no. 1737/16 1
Date : 10.07.2018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.396 OF 2019
IN
S.C. SUIT NO. 1737 OF 2016
(CNR.NO.MHCC010020622019)
Bhatia Hospital ) .... Plaintiff
VERSUS
Mrs. Jasuben Gulabbhai Patel ) .... Defendant
And
1. Gulabbhai Patel )
2. Vijay Gulabbhai Patel ) ... Respondents.
Appearance:
Mr. G.C.Tule, Ld. Advocate for plaintiff present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 10th July, 2019.
: ORDER :
1. The plaintiff has filed instant Chamber Summons for condonation
of 67 days delay in bringing legal heirs of defendant on record and also
to set aside the abatement if any.
2. It is contended by the plaintiff that on 20.12.2017, the Advocate
of defendant filed pursis informing the fact of death of defendant. The
plaintiff on 23.03.2018 has filed application directing defendant to
provide names of the legal heirs of the defendant. However, the
advocate for the defendant did not supply the list of legal heirs of the
defendants. Therefore, on 22.11.2018, the plaintiff has issued letter to
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CS.396/19 in S.C. Suit no. 1737/16 2
the Advocate of the defendant. The Advocate of defendant instead of
providing names of legal heirs, he has withdrawn his Vakalatnama of
18.12.2011. The plaintiff some how manage to get name of legal heirs
in the month of January, 2019 and thereafter the plaintiff filed the
instant application.
3. Heard Ld. Advocate for the plaintiff. For the reasons assigned by
the plaintiff, it appears that there is delay on the part of defendant's
advocate in not providing the names of the legal heirs. Thus, for the
reasons stated, in my view, the delay in bringing legal heirs on record
needs to be condone and the abatement is required to be set aside. If
the plaintiff is not allowed to bring legal heirs of the defendant on
record that would prejudice its right to sue. Hence, in my view, the
Chamber Summons needs to be made absolute in terms of prayer
clause. Thus, I proceed to pass following order.
: ORDER :
1. The Chamber Summons No. 396/2019 is hereby made absolute
in terms of prayer clause.
2. The plaintiff is allowed to bring legal heirs of defendant on
record, within 14 days of the order and to carry out necessary
amendment in the plaint, thereafter, the notices be issued to the
legal heirs.
3. The Chamber Summons No. 396/2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 10.07.2019 Greater Mumbai
Dictated on : 10.07.2019
Transcribed on : 10.07.2019
Draft submitted on : 10.07.2019
Checked on : 11.07.2019
Signed on : 11.07.2019
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CS.396/19 in S.C. Suit no. 1737/16 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
11/07/2019 at 4.00 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.32)
Date of Pronouncement of
JUDGMENT/ ORDER
10/07/2019
JUDGMENT/ORDER signed by
P.O. on
11/07/2019
JUDGMENT/ORDER uploaded
on
11/07/2019
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