Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Wrongly on board, adjd to 04.12.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Ishank Shah for plaintiff present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 03.03.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: None for plaintiff.
Adv. Bhagyashri Shelke for defendant present.
Plaintiff is directed to tender registered Ch/s No. 433/20 on next date.
Adjd to 28.04.2021 for Ch/s service/reply.
l.o. at 3.25 p.m. Adv. Pankaj Shah for plaintiff present and tendered registered Ch/ no. 433/20 along with affidavit and affidavit of service.
Adjd to 28.04.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: C/S REPLY
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: None for parties.
Due to COVID-19 pandemic, matter is adjourned.
Adjd to. 07.09.2021 for Chs. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Chirag Unadkat For plaintiff present.
None for defendant.
Adjd for Ch/s reply to 13/10/2021
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Chirag Unadkat For plaintiff present.
None for defendant present.
Adjd for ch.S reply to 29/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. P. M. Shah for plaintiff present.
None for defendants. Not filed reply to chamber summons. As per affidavit of service the defendant No. 2 is served on 23.01.2021 and track report of service of deft NO. 1shows that it is served on 23.01.2021. Hence chamber summons to proceed without reply.
ORDER passed in Chamber summons No. 433 of 2020
The chamber summons is filed by plaintiff to delete the name of defendant No. 1. The chamber summons is supported by affidavit of Smt. Kalpana Vijaykumar Desai stating that all other plaintiffs are legal heirs of deceased plaintiff. The chamber summons is proceeded without reply of defendant. There is delay of 42 days as plaintiffs are unaware as the name of plaintiff No. 1 is required to be deleted from cause title of plaint. The death certificate of plaintiff No. 1 is filed with chamber summons shows that plaintiff No. 1 expired on 24.10.2019. There are in all seven plaintiffs. Therefore suit will not abate. The plaintiff No. 6 by affidavit on oath stated that other legal heirs of plaintiff are already on record. The delay caused to delete the name of plaintiff No. 1 needs to be condoned. Hence pass following order
1. The chamber summons is allowed.
2. Prayer (a) of chamber summons is made absolute by condoning the delay.
3. Plaintiff to carryout necessary amendment within limitation.
4. Accordingly, chamber summons is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 29-11-2021