Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010029082020
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 415 OF 2020
IN
LONG CAUSE SUIT NO.4199 OF 2009
John D'Souza S/o Agapito Felix
Paul D'Souza ... Plaintiff
V/s.
1. Annie Philip Fernandes & Ors. … Defendants
And
1.Iona Fernandes
2.Savio Keith Fernandes
3.Mrs. Lorraine Rebello … Proposed
( Defendants)
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 04/03/2022
Adv.Mr. D.A. Barot for the plaintiff.
Adv. Achala Hatodi for the defendant No.2
Adv. Ms. Deepali Patil for the defendant/ BMC.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff for
deleting the name of the defendant no.1 (since deceased) in the cause
title of the plaint and amend the plaint as per schedule annexed to the
Chamber Summons.
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2 Ch/s.415/2020
2. Perused the Chamber Summons and reply of the
defendants. Heard advocates for the parties at the length.
3. It is contended by the plaintiff that defendant no.1 expired
on 14.10.2019 leaving behind the proposed defendants being the only
heirs and legal representatives. The proposed defendants are proper and
necessary party to the suit. Therefore, plaintiff took out this chambers
summons to delete the name of defendant No.1 and to bring the
proposed defendants on record.
4. The reasons given by the applicants for filing Chamber
summons to bring legal heirs of deceased plaintiff on record is
explained satisfactorily. If the nature of the amendment is seen, it is
pertaining to bringing legal heirs of deceased defendant no.1 on
record. The proposed amendment will not change the nature of the suit
in any way and on the contrary it will help to decide the matter on
merits. Hence, the proposed amendment deserves to be allowed for
causing amendment in the plaint. Hence, I pass following order.
ORDER
1. The Chamber Summons No.415/2020 is allowed.
2. The proposed amendment shall be carried out in the
plaint as per the schedule annexed with the chamber
summons within 14 days from today.
3. The Chamber Summons No.415/2020 is disposed off.
(S.G.Shaikh)
Judge,
Date :04/03/2022 City Civil Court, Gr.Mumbai.
Dictated on : 04/03/2022
Typed on : 04/03/2022
Signed on :
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3 Ch/s.415/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/10/2021 05.20 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
06/10/2021
JUDGMENT/ORDER signed by
P.O.on
06/10/2021
JUDGMENT/ORDER uploaded on 06/10/2021
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