Final Order 1

Order Details: Chamber summons
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IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
CHAMBER SUMMONS NO.398 OF 2018
IN
S.C.SUIT NO.20 OF 2012
Mr.Harish S/o. Tarachand Utpal
....Plaintiff
V/s
1. Mr.Amarnath Kishanchand Oberoi.
2. Amar Kunj Cooperative Housing Society
Chembur Limited.
....Defendants
AND
1.Mr.Ashok Amarnath Oberoi
2.Mr.Mohan Amarnath Oberoi
3.Mr.jagdish Amarnath Oberoi
4.Mr.Shashi
5.Mrs.Rani
6.Mrs.Babbi ...Respon
dents
APPEARANCE:
Ld.Adv Neha Pandey for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 21th September, 2019
ORDER
1. Perused the contention in Chamber Summons @ affidavit.
2. Heard, Ld counsel for plaintiff Neha Pandey.
3. It is submitted by the plaintiff that he filed suit against defendant
and the stage of suit is of recording evidence. However, on 20.12.2017
counsel for defendant no.1 informed that defendant no.1 had expired
somewhere 14.04.2017. Leaving behind respondents as the only legal
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heir and representatives. It is further submitted that the respondents are
required to be joint as a party defendant by way of replacing name of
original defendant no.1 and adding the present respondent no. 1A to
1F. Lastly, it is submitted that relying on information given by Advocate
for defendant no.1 he may be permitted to make necessary amendment
in the cause title.
4. The suit no. 20/2012 is pending in the Court since 2012 and on
to the stage of dismissal order since 2018 the defendant no. 1 has failed
to file his written reply to the Chamber Summons. Therefore, the
Chamber Summons is proceeded without say of defendant no. 1.
5. After hearing Ld.Counsel for plaintiff, I drew my attention
towards it is submitted by her as per the information given by advocate
for defendant no.1. Defendant no.1 had expired somewhere on
14.04.2017. It means she is not informed about the exact date of
defendant no.1. Neither defendant no.1 filed intimation to the Court by
way of application nor he filed death certificate of defendant no.1.
Furthermore, when the plaintiff has got knowledge about the demise of
the defendant no.1 on 20.1.2017. He has filed application for bringing
the legal heir of deceased defendant no.1 on 15.01.2018 it means the
application is not limitation. As per O.XXII R.4 of CPC. When there is
no documentary evidence on record to find out the death of defendant
no. 1. I found there is no reason to abet his name as defendant no.1 and
bring the name of legal representative on record. In the above said
reason I come to conclusion that the Chamber Summons does not
survive any merit and hence I proceed to pass following order.
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ORDER
1) Chamber Summons No. 398/2018 is dismissed with cost.
2) Chamber Summons No.398/2018 is disposed of in the above said
terms.
Date: 21/09/2019 (Milind A.Bhosale)
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 21/09/2019
Typed on : 21/09/2019
HHJ signed on : 21/09/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.09.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
21.09.2019
JUDGMENT/ORDER signed by P.O. on 21.09.2019
JUDGMENT/ORDER uploaded on 21.09.2019
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