Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum. no.427-20 in Suit no.7711 of 1998
MHCC010028062020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 427 OF 2020
CNR NO.MHCC010028062020
IN
SUIT NO. 7711 of 1998
Mrs. Harsha Dedhia
(Through C.A Tilak Dedhia) ..Plaintiff
V/s
1. P.S. Investments & Ors. ..Defendant.
CORAM : HIS HONOUR JUDGE
SHRI M.S. KULKARNI
(COURT ROOM NO.01)
DATE : 10 th DAY OF JUNE, 2022
Adv. for the plaintiff
Adv. Akash Acharya for the defendant.
ORAL ORDER
The chamber summons is taken out to bring on record
the legal heirs of the defendant no3 who is passed away on
3/10/2018.
2. Today I heard the Constituted Attorney of the plaintiff
and advocate for the defendants no.1 and 2 as well as proposed
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2 Ch/sum. no.427-20 in Suit no.7711 of 1998
defendant i.e. legal representative of deceased defendant no.3. Both
the advocates at the outset took objection for making submission by
C.A.of the plaintiff in person on the ground that the plaintiff has
appointed advocate, who is supposed to make submission.
3. The plaintiff has filed on record written submission.
4. The deceased defendant no.3 was a mother of defendant
no.2 and only in that capacity she was made party to the suit. From
the plaint contention it is clear that the alleged transaction of the
plaintiff was with defendant no.1 of which the defendant no.2 is the
proprietor. Only role attributed to defendant no.3 which is visible
from para no. 18 of the plaint is that, when sisters (who are proposed
defendants) of the defendant no.2 had arrived from USA, all family
members of the defendant no.2 including defendant no.3 requested
the plaintiff to wait for some days to give time to the defendant no.2
to raise funds. Only on this contention no relief could have been
passed against the deceased defendant no.3. In such situation, the
proposed defendants who are the sisters of defendant no.2 and who
would reside in USA, cannot be taken on record as legal
representative of the deceased defendant no.3.
5. Next thing is that, the plaintiff herself in para no. 4 of the
plaint states that the defendants no. 2, 3 and 4 are her relatives. She
has also mentioned about proposed defendants as sisters of the
defendant no.2 in para no.18 of the plaint. The plaintiff was well
aware about the death of the defendant no.3 in the year 2018 itself.
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3 Ch/sum. no.427-20 in Suit no.7711 of 1998
Despite that, she did not take the matter on board to take out
chamber summons. She with deliberate intention moved an
application on 13/02/2019 i.e. after lapse of five months i.e. after
lapse of 150 days which are provided as per Article 120 / 121 of the
Limitation Act, to take on record legal representatives of the deceased
defendant no.3 before deemed abatement and/or after deemed
abatement to direct the defendants to provide information about the
legal heirs of the deceased defendant no.3. No doubt the advocate for
defendants no. 1 and 2 put on record the names of legal heirs who
are proposed defendants no.2 on 30/01/2020 and immediately the
plaintiff took out the present chamber summons on same date, but
the fact is that the plaintiff herself was well aware about the death of
the defendant no.3 and who are her legal heirs, so said information
as provided by the defendant no.2 on 30.01.2020 was infact not
essential. The plaintiff's failure to take legal heirs of defendant no.3
on record within time limit is very material in this suit. Whatever
reasons/ causes she has created to get enlarged the time period, to
take on record legal heirs is futile one. In such situation, this chamber
summons can't be allowed. Accordingly, following is the order:
ORDER
Chamber summons no.427/20 is rejected.
(M.S.Kulkarni)
Judge,
City Civil Court, Gr.Mumbai
(C.R.No.01)
Dictated on : 10.06.2022
Transcribed on : 13.06.2022
Signed on :
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4 Ch/sum. no.427-20 in Suit no.7711 of 1998
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE:15.06.2022 NAME OF STENOGRAPHER(G I)
Mrs. V. V. Mhatre
TIME: pm
Name of the Judge (With Court room no.) HHJ Shri M.S.Kulkarni
(Court Room No.01)
Date of Pronouncement of JUDGEMENT/ORDER 10.06.2022
JUDGMENT/ORDER signed by P.O. on 14.06.2022
JUDGEMENT/ORDER uploaded on 15.06.2022
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