Final Order 2

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 469 OF 2020
(CNR NO. MH CC01-003063-2020)
IN
S.C. SUIT NO. 3908 OF 2013
Shri Ramlakhan Ramsahay Gupta ].. Plaintiff.
V/s.
1. Shri Jitlal Ramlutavan Gupta ]
and others. ]..Defendants
And
1(a) Smt. Ashrafi Devi and others. ]..Proposed plaintiffs.
Advocate Mr. R. R. Khosala for Applicants.
Advocate Mr. Singh h/f Advocate Mr. D.N. Mishra for defendant No.1.
Advocate Mr. Trivedi for defendant No.4/SRA.
CORAM : HIS HONOUR JUDGE
MR. SITARAM N. PATIL
(C.R.NO.09)
DATE : 14th NOVEMBER 2022
ORAL ORDER
This Chamber Summons has been taken out by the
applicants for carrying out amendments in the plaint as per Schedule
annexed to the Chamber Summons.
2 The plaintiff has filed affidavit in support of Chamber
Summons, wherein it is stated the plaintiff has filed suit against the
defendants for the reliefs mentioned in the plaint. During the pendency
of the hearing and final disposal of the suit, the plaintiff expired on
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14.11.2019 leaving behind him his wife and four sons. Therefore, it is
required to implead their names in the plaint in place of the plaintiff.
Hence, prayed for allowing Chamber Summons.
3. The defendant No.1 has filed reply to the Chamber
Summons. The Chambers Summons has been filed by suppressing the
names of other names of the legal heirs of the deceased. The daughters
of the deceased are not being brought as the legal heirs and
representative of the deceased plaintiff by the present applicants. It is
just and necessary and in the interest of justice that the names of all the
legal heirs and representatives of the deceased must be brought on
record. In the circumstances, it is prayed for rejection of Chamber
Summons.
4. The proposed plaintiffs have filed rejoinder to the Chamber
Summons and reiterated whatever stated by the deceased plaintiff in
the plaint. The proposed plaintiffs denied each and every false
allegation and false contention in the reply. It is averred that the
daughters of the deceased plaintiff are happily married and settled in
Uttar Pradesh and did not want to get involved in any litigation
regarding the suit premises and the daughters are not interested in any
share in the suit premises. Therefore, their names were not given as the
legal heirs and representatives and they are ready and willing to give
NO Objection on Affidavit. In case, the Court is of the view that the
names of the daughter are required to be added as the legal heirs and
representatives of the deceased, their names will furnish.
5. The defendant No.1 has filed sir-rejoinder to the Chamber
Summons. It is contended that the applicant No.1(b) has made false
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and baseless statement. Therefore, it is just, necessary and in the
interest of justice to file this sir-rejoinder. It is further contended that it
is mandatory in law to furnish the names of each and every legal heirs
of the deceased. They have not come before the Court with clean hands.
Hence, prayed for dismissal of Chamber Summons.
6. Heard the learned advocate for the Applicants and the
learned advocates for defendants.
7. Perused Affidavit in support of Chamber Summons, reply,
rejoinder and sir-rejoinder. It appears that the original plaintiff expired
14.11.2019 leaving behind the proposed plaintiffs who are the sons and
legal heirs and representatives of the deceased plaintiff. Therefore, it is
required to bring them on record as legal heirs and representatives of
the deceased.
8. The defendants objected that the applicants have not
brought on record the names of daughters of deceased plaintiff. On the
contrary, the applicants submitted in their rejoinder that the daughters
of the deceased plaintiff did not want to get involved in any litigation
regarding the suit premises and the daughters are not interested in any
share in the suit premises. Therefore, their names were not given as the
legal heirs and representatives and they are ready and willing to give
No Objection on Affidavit. If the Court is of the view that the names of
the daughter are required to be added as the legal heirs and
representatives of the deceased, their names will be furnished. If the
plaintiff is ready to produce No Objection on Affidavit of the daughters
of the deceased plaintiff then there is no need to reject the Chamber
Summons with directions to the applicants to bring on record all legal
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heirs of the deceased plaintiff or their “No Objection” on Affidavit. The
proposed amendment will not change the nature of the suit and
considering the amendments sought to be added by the proposed
plaintiffs, it will not harm to the defendants. Therefore, in the interest
of justice, the present Chamber Summons is to be allowed. With this, I
proceed to pass the following order:
ORDER
1. Chamber Summons No. 469 of 2020 is made
absolute.
2 The Applicants are hereby allowed to carry out
amendment in the suit plaint as per the schedule annexed
with the Chamber Summons on or before next date with
directions to bring on record all legal heirs of the deceased
plaintiff or their “No Objection” on Affidavit in writing and
further directed to place on record amended copy of the suit
plaint.
3. The Applicant are directed to furnish amended
copies of the plaint to the defendants.
4 Chamber Summons No. 469 of 2020 stands disposed
of accordingly.
(SITARAM N. PATIL)
Judge,
City Civil Court,
Date: 14/11/2022 Gr. Bombay.
Dictated on : 14/11/2022
Transcribed on : 14/11/2022
Signed on : 21/11/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/11/2022 At 11.40 A.M. MRS. SUPRIYA S.PAWAR
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. SITARAM N. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
14.11.2022
Judgment/Order signed by P.O. on 21.11.2022
Judgment/Order uploaded on 21.11.2022
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