Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.521/2020 ..1..
MHCC010035692020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.521 OF 2020
IN
SUIT NO.8198/1999
(High Court Suit No.607/1999)
Herbert Irwin Pereira
Indian Christian Inhabitant,
.. Plaintiff.
Versus
Rudolph Pereira, (Deceased) .. Defendant.
And
1. Veronica Pereira
2. Floyd Pereira
3. Althea Pereira
All having their last know address at
Flat No.2-C, “Monisha”
St. Andrew’s Road, Bandra,
Bombay 4000 50.
Advocates
M. Fernandes @ P. Rego for plaintiff.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 26th October, 2020
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CS No.521/2020 ..2..
ORAL ORDER
Plaintiff taken out present chamber summons for bringing legal
heirs of the sole defendant on the record and to amend the plaint as per
schedule attached to chamber summons.
2. Heard advocate for the plaintiff. Perused the chamber summons
and affidavit of service on respondents. It appears that respondents are
served on 30.07.2020 but remained absent in spite of sufficient
opportunities. Hence chamber summons is proceeded ex-parte against
respondents/ proposed defendants.
3. From the perusal of chamber summons, it appears that the sole
defendant Rudolph Pereira is brother of the plaintiff. Plaintiff filed suit
against the sole defendant for possession of one room which is in his
occupation.
4. Advocate for the plaintiff submitted that the sole defendant
expired on 02.05.2020. Advocate for the plaintiff sent notice to
advocate for the defendant on 08.06.2020 for furnishing the death
certificate of the defendant so as to bring his legal heirs on the record.
But advocate for the defendant did not furnish the same.
5. Evidently the suit is for possession of one room in possession of
the defendant. Respondents/proposed defendants are legal heirs of the
sole defendant. Hence cause of action survives to the legal heirs of the
sole defendant. Respondents/proposed defendants remained absent in
spite of service of notice of chamber summons. Under the facts and
circumstances, chamber summons is liable to be made absolute. Hence
following order.
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CS No.521/2020 ..3..
ORDER
1. Chamber Summons is made absolute in terms of prayer clause (a)
and (b).
2. Plaintiff shall bring respondents on record being legal heirs of the
sole defendant and carry out necessary amendment forthwith in terms
of prayer clause (a) and (b).
3. Plaintiff shall file on record amended copy of the plaint within one
month and serve the same alongwith documents on respondents/legal
heirs of the sole defendant.
4. Chamber Summons No.521/2020 is disposed of.
(Sunil T. Soor)
Judge
Date : 26.10.2020 Gr. Mumbai.
Typed on : 26.10.2020
HHJ signed on : 26.10.2020
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CS No.521/2020 ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
26.10.2020, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
26.10.2020
JUDGMENT/ORDER signed by P.O.
on
26.10.2020
JUDGMENT/ORDER uploaded on 26.10.2020
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