Order 1

Order Details: Chamber summons
Pdf Text: ..1.. C/S. No.444/2025 (SC No.34/20)
MHCC010029612025
Presented on : 21-02-2025
Registered on : 21-02-2025
Decided on : 13-02-2026
Duration : 00 Y, 11M, 21Days
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO. 444 OF 2025
IN
SHORT CAUSE SUIT NO. 34 OF 2020
Kumar Devdas Advani … Plaintiff
Vs.
Rupa Madhukar Kania & Ors. … Defendants
CORAM : HER HONOUR JUDGE
SMT. H. C. SHENDE
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 13th February, 2026.
Appearance :-
Mr.S. G. Mahamuni, Advocate for the plaintiff.
Mr.Pradosh Patil , Advocate for the defendant No.6.
O R D E R
1. The present chamber summons filed by the plaintiff with
request to change name of defendant No.6, to allow to delete defendant
No.1 from title clause since he is deceased and allow to amend the
plaint by inserting defendant No.1a i.e. ‘unknown legal heirs’ of
defendant No.1 and then allow to serve them i.e. to defendant No.1a
i.e. unknown legal heirs of defendant No.1 through RPAD on the
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address at Mumbai in alternate in news paper so also by way of prayer
requested to issue writ of summons upon defendant No.6 through RPAD
or in alternate through news papers by condoning the delay if any.
2. Affidavit in support of chamber summons filed by plaintiff
stating that the service affidavit field by them showing that the
defendant no.1 is duly served on 01.02.2025 on behalf of defendant
No.6 a document titled Certificate of incorporation pursuant to change
of name has been supplied which shows that name of defendant No.6
changed from ‘Century Textiles and Industries Limited’ to ‘Aditya Birla
Real Estate Limited’. The defendant No.1 and 2 have same address and
they seem to be relatives of each other. Therefore the defendant No.1(a)
i.e. ‘unknown legal heir’ of defendant No.1 may be served on the
address of defendant No.1 and 2 through RPAD by condoning the delay.
3. The other side raised strong objection by mentioning that
the defendant No.1 expired prior to filing of the present suit.
According to the other side the defendant no.1 died on or about
17.09.2010. The pursis filed on 2023. The present suit filed in the year
2019 and no proper steps taken the plaintiff in time so the chamber
summons cannot be allowed.
4. Heard both sides. Perused record.
5. So far as defendant No.1 who is no more alive is
concerned. The other side is saying that the defendant No.1 died in the
year 2010. Number of the present suit is 34/2020 so it appears that the
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suit is filed when defendant No.1 was not alive i.e. it was filed against
the dead person. Now the plaintiff is saying that, the unknown legal
heirs be added at the place of defendant No.1 and plaintiff be allowed
to serve the ‘unknown legal heirs’ by issuing fresh writ of summons
against these ‘unknown legal heirs’ of defendant No.1 and defendant
No.5. In my respectful opinion such prayers cannot be allowed as there
is no such concept in law and there is no legal recognization to the
‘unknown legal heirs’ in the eye of law. The other side raised objection
that defendant no.1 died prior filing of the present suit on or about
17.09.2020 i.e. prior about 10 years of filing suit. So the prayers cannot
be accepted at the stage.
6. So far as change in name of defendant No.6 in the title
clause by way of amendment is concerned the same has been accepted
by the defendants that name of defendant No.6 is now changed as said
by the plaintiff. So that can be allowed as it happens during pendency
of the suit.
However the prayer to delete name of defendant No.1 and
add defendant No.1(a) as ‘unknown legal heirs’ in the title clause of the
plaint or where ever necessary cannot be accepted.
7. Hence in the circumstances and for the reasons the court
proceed to pass the following order;
O R D E R
1. The Chamber Summons No.444/2025 in Suit No.34/2020 is
partly allowed.
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2. The plaintiff is allow to amend the plaint as requested in
prayer clause(a) and issue fresh writ of summons against
newly added defendant No.6.
3. The plaintiff is to carry out necessary amendment as
granted within stipulated period from the date of this order,
shall file amended plaint within two weeks thereafter and
also serve copy of it on the other side.
4. No order as to costs.
5. Proceeding of Chamber Summons No.444/2025 in Suit
No.34/2020 is closed.
Date : 13.02.2026 (H. C. Shende )
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 13.02.2026
Typed on : 13.02.2026
Checked on : 16.02.2026
Corrected and signed on : 16.02.2026
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..5.. C/S. No.444/2025 (SC No.34/20)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.02.2026 at 11.10 a.m. ( Mrs.Prajakta K. More, Grade-1)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. H. C. Shende (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
13.02.2026
JUDGMENT/ORDER signed by
P.O.on
16.02.2026
JUDGMENT/ORDER uploaded on 17.02.2026
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