CHAMBER SUMMONS

M/s. D.N.S. Constructions Pvt LtdVsMr Kishan Mishrilal Gupta +2 more

CNR MHCC0100292620182-COURT 02 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Contested--ALLOWED

Decision Date: 25th October 2018

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number: 100401/2018
Registration Date: 27 Feb 2018

Advocates

For Petitioner

Shri G S Bhat

For Respondent

Not available

Parties

Petitioner

1M/s. D.N.S. Constructions Pvt Ltd

Respondent

Acts & Sections

Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

Case History / Proceedings

Case History

Date: 10-04-2018
Business: Adv. Mr. Bhat for plaintiff present.
He tendered registered Ch/sum no. 401/18.
Adjd to 28.6.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-06-2018

Date: 28-06-2018
Business: Adv.Mr.Babu for Plff.present.
Adv.Mr.Satish Mishra for Deft.no.2 present and filed vakalatnama t.o.r.and marked at Exh.2.
Adjd.for filing reply on 01.09.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: HHJ is nominated as trainer for training on Mediation hence today Board is discharged
Next Purpose: C/S REPLY
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv.Mr.Babu for Plaintiff present.
None for defendant.
Heard adv.for Plaintiff in Ch/s No.401/2018.
Order below Ch/s No.401/2018
Perused Ch/s which is supported by an affidavit.  Also perused the proposed amendment.  The copy of death certificate issued by MCGM reflects that defendant no.2 Dinesh Dubey has expired on 31.07.2013. The Ch/s has been duly served upon the sole legal heir of deceased defendant no.2 ie upon Lalita Dinesh Dubey.  No reply is filed by the proposed defendant.  Considering the reasons mentioned in paras no.2 to 4 and as the right to sue survives.  Considering the provision Order 22 rule 4 of the C.P.C., I pass the following order.
ORDER
1 Chamber summons No.401/2018 is allowed and made absolute in terms of prayer clause (a) and (b).
2 The plaintiff to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendants within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 25-10-2018

Additional Case Details

Filing Number: 103164/2018
Filing Date: 27-02-2018
First Hearing Date: 10th April 2018
Decision Date: 25th October 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

Final Order 1

25 Oct 2018

Order Details: Other
Pdf Text: 25.10.2018
SU 877/17
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Mr.Babu for Plaintiff present.
None for defendant.
Heard adv.for Plaintiff in Ch/s No.401/2018.
Order below Ch/s No.401/2018
Perused Ch/s which is supported by an affidavit. Also perused the proposed
amendment. The copy of death certificate issued by MCGM reflects that
defendant no.2 Dinesh Dubey has expired on 31.07.2013. The Ch/s has been
duly served upon the sole legal heir of deceased defendant no.2 ie upon Lalita
Dinesh Dubey. No reply is filed by the proposed defendant. Considering the
reasons mentioned in paras no.2 to 4 and as the right to sue survives.
Considering the provision Order 22 rule 4 of the C.P.C., I pass the following
order.
ORDER
1 Chamber summons No.401/2018 is allowed and made absolute in terms
of prayer clause (a) and (b).
2 The plaintiff to carry out the amendment within two weeks and shall
supply the copy of amended plaint upon the defendants within two weeks
thereafter.
3 Chamber summons is disposed of accordingly.
Adjd.for compliance on 29.04.2019.
Judge
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Order 1