Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 671/19 in S.C.Suit No. 1355/15. 1 Order.
MHCC010034122019
Presented on : 26-03-2019
Registered on : 26-03-2019
Decided on : 15-02-2023
Duration : 3 years, 10 months, 20 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 671 OF 2019
IN
S. C. SUIT NO. 1355 OF 2015
Krishnan Ramanathan )...Applicant/Plaintiff
Versus
Smt. AishaBi W/of Gani Shaikh )
and 4 others )...Respondents/
Proposed Defendants
IN THE MATTER BETWEEN
Krishnan Ramanathan )...Plaintiff
Versus
Gani Sheikh Mohammad )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 15th FEBRUARY, 2023.
Smt. Sonali Jain, Advocate for the plaintiff.
Shri Asit Singh, Advocate for defendant.
ORDER
1. The plaintiff has taken out the chamber summons for
bringing Lrs of the deceased defendant on record. Perused chamber
summons and reply given at the backside of it. I have gone through the
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Ch/s No. 671/19 in S.C.Suit No. 1355/15. 2 Order.
suit proceeding. Heard learned counsel Smt. Sonali Jain for the plaintiff
and learned counsel Shri Asit Singh for the defendant/respondents.
2. The defendant died on 02/03/2018 as per contents in para
5 of the affidavit in support. Present chamber summons is taken out
with delay in the year 2019. Considering nature of relief and the fact
that right to sue survives to proceed ahead against LRs of the defendant,
chamber summons can be allowed by condoning delay in view of Order
XXII Rule 4(5)(b) of the CPC. Hence, I pass the following order :
ORDER
1. Chamber Summons No. 671/2019 is made absolute in
terms of prayer clauses (a) and (b).
2. The plaintiff is directed to carry out amendment in the
plaint on or before the next date of hearing.
3. Proceeding of Ch/s No. 671/2019 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 15/02/2023. Mumbai.
1. Dictated on : 15/02/2023.
2. Transcribed on : 15/02/2023.
3. Checked and Signed on : 15/02/2023.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 671/19 in S.C.Suit No. 1355/15. 3 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/02/2023. 5.31 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 15/02/2023.
Judgment/Order signed by P.O. on 15/02/2023.
Judgment/Order uploaded on 15/02/2023.
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