Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S NO..326 of 2020
CNR:MHCC010020892020
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.326 OF 2020
IN
L.C.SUIT NO.2511 OF 2014
1. Mr. Akhtar Hussain Waris Khan
& Ors. .. Plaintiffs
V/s.
1. Municipal Corporation of Greater
Mumbai ..Defendant
And
Mr. Natihullah Mukhtar Ali Khan .. Applicant
Appearance:
None for plaintiff.
Adv. Soraan for MCGM/ defendant.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 13/01/2023
ORDER
1 This Chamber Summons is taken out by the applicant for
bringing his name on record as legal representatives of deceased
plaintiff No.3. Say is given by the defendant objecting its contents.
2 Perused the record.
-- 1 of 4 --
2 C/S NO..326 of 2020
3 The applicant have submitted that the original plaintiff
No.3 expired on dt.24/09/2019 in Uttar Pradesh. Copy of death
certificate is placed on record. Applicant is the legal heir of the
deceased plaintiff No.3. Since he is the legal heir of the deceased
plaintiff, he may be taken on record by deleting the name of original
plaintiff No.3. Hence, he prayed for carrying out necessary amendment
in the suit plaint as per the schedule annexed to this Chamber
Summons. Further, he prayed for condonation of delay, if any, in taking
out this Chamber Summons.
4 The Chamber Summons is opposed only on the ground that
it is not filed within stipulated period of 90 days.
5 Record as well as death certificate of original plaintiff
shows that the original plaintiff No.3 expired on dt.24/09/2019 and the
Chamber Summons is taken out on dt.18/02/2020. Apparently, there is
delay in presenting the Chamber Summons as the same is not filed
within the period of 90 days. However, it transpires that reasons for
short delay is explained sufficiently in the Chamber Summons. It is
undisputed that the applicant is the legal heir of deceased plaintiff No.3
and as per provisions of law, as envisaged under Order XXII of Civil
Procedure Code, legal heirs can be brought on record in order to
continue with the suit proceedings. Right to sue survives with the
applicant. It is also pertinent to note that due to the surge of Covid19
Pandemic, the period of limitation in all civil proceedings stood
extended by the orders of Hon'ble Supreme Court. Hence, it is in the
interest of justice to allow applicant to be impleaded as plaintiff in the
present suit.
-- 2 of 4 --
3 C/S NO..326 of 2020
6 Considering the aforesaid discussion, I hold that Chamber
Summons deserves to be allowed in the interest of justice. Hence, in
view of aforesaid discussion, I proceed to pass following order.
ORDER
1 Chamber Summons No.326 of 2020 is made absolute in
terms of prayer clause(a), (b) and (c).
2 The automatic abatement of suit stands set aside.
3 Delay in bringing LRs. of deceased plaintiff on record
stands condoned.
4 Applicant is permitted to join as party plaintiff No.3 by
deleting the name of original plaintiff No.3.
5 Applicant is directed to carry out necessary amendment in
the suit plaint on or before next date.
6 Consequential amendment is allowed, if any, in the suit
proceedings.
Date:13/01/2023.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Dictated on :13/01/2023. Gr.Mumbai.
Typed on :13/01/2023.
Signed on :13/01/2023.
-- 3 of 4 --
4 C/S NO..326 of 2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
13/01/2023. 05.55 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
13/01/2023.
JUDGMENT/ORDER signed by P.O.on 13/01/2023.
JUDGMENT/ORDER uploaded on 13/01/2023.
-- 4 of 4 --