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CHAMBER SUMMONS

Pushpa Kishore Nandlal And OrsVsMs P. R. Corporation And Ors

CNR MHCC01002852201914-COURT 14 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 15th June 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100582/2019
Registration Date
13 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Pushpa Kishore Nandlal And Ors

    Respondent

    1. 1Ms P. R. Corporation And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-04-2019
Business: P.O. is on Leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Adv. Patel for plff present.
Adv. Pandya for deft. no. 2,3,4, 7,8 and 10 present.
Adv. Ms. Kajal for deft. no. 9 present.
Registered ch/s 582/19 tendered on record.
Ch/a 582/19 is taken out by plff for adding the legal heirs of deceased deft.no. 2 on record of the suit and the necessary amendment to that effect. Affidavit in supply of ch/s reveals that deft. no. 2 has expired on 03.07.2017, however, the fact was informed  by Adv. for such deft. no. 2 to the plff\''s adv. by letter dated 07.02.2019 and thereafter the ch/s is taken out on 27.02.2019 which is within reasonable and limitation time after knowledge of death of the party by the plff. The copy of death certificate of deft. no. 2 Chaturbhuj Wadhwani alongwith the letter dated 07.02.2019 by the deft\''s adv. to plff\''s adv. is placed on record.
              The adv. for defts no. 2,3,4,7,8 and 9, 10 have not objected the ch/s. Such endorsements are made on ch/s itself. Though there ch/s is moved after about two years from death of deft. no.2, the delay needs to be condoned in view of submission about delayed intimation to the plff about such fact.  Under such circumstances would survive to the  deceased deft. no. 2 and the proposed legal heirs are required to be brought on record as deft. no. 2a and 2b in the suit.
 Hence, the order as follows.
                      ORDER
1.  Chamber summons no.582/19   is allowed
2.   The delay in bring the legal heirs of deft. no. 2 is hereby condoned.
3.   The proposed defendant no.2a and 2b are allowed to be brought on record in the suit.
4.    The plaintiff to comply within 15 days.
5.  Chamber summons is disposed of accordingly.
                                     ----
Nature Of Disposal: ALLOWED
Disposal Date: 15-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103032/2019
Filing Date: 13-03-2019
First Hearing Date: 15th April 2019
Decision Date: 15th June 2019
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jun 2019

    Order Details: Chamber summons Pdf Text: Adv. Patel for plff present. Adv. Pandya for deft. no. 2,3,4, 7,8 and 10 present. Adv. Ms. Kajal for deft. no. 9 present. Registered ch/s 582/19 tendered on record. Ch/a 582/19 is taken out by plff for adding the legal heirs of deceased deft.no. 2 on record of the suit and the necessary amendment to that effect. Affidavit in supply of ch/s reveals that deft. no. 2 has expired on 03.07.2017, however, the fact…

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