Date: 01-04-2019
Business: Matter is adjd. to. 15.06.2019 for report of service of Ch/sum and hearing on Ch/sum No.700/19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Advocate Mr. Jani for Plaintiff present and filed an application to serve Chamber Summons upon proposed Defendants through Sheriff\''s office of Mumbai, t.o.r. O-Allowed as prayed.
Court is busy in dictating Judgment in suit no.2140/17 and order on NM in suit no.234/19, hence case is adjourned to 20/09/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Advocate Jani for Plaintiffs present
Defendant no.2 filed reply to Chamber Summons no.700/19, t.o.r.
Plaintiffs advocate submitted that he will serve the copy of Chamber Summons on LRs of deceased Plaintiff no.1. Time extended for service of Chamber Summons. Plaintiff no.2 is directed to file on next date, the affidavit of service of Chamber Summons.
Case is adjourned to 02/11/2019 for service/hearing of Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Jani for Plaintiff present
Defendant no.2 present.
Heard.
ORDER IN CHAMBER SUMMONS NO.700/19
This Chamber Summons is taken out by Shakuntala Govindram Bajaj, the wife of original Plaintiff Govindram Giridhardas Bajaj for brining on record LRs of original Plaintiff who died on 30/12/2018. Death certificate of original Plaintiff Govindram Giridhardas Bajaj is also filed on record.
Defendant no.2 has filed her affidavit in reply and resisted Chamber Summons contending that applicant Shakuntala Bajaj is not intending to show name of her son Ritesh Govindram Bajaj as legal heir of original Plaintiff, hence according to Defendant no.2 Chamber Summons is necessary to be dismissed, because husband of Defendant no.2 is not shown as legal heir of original Plaintiff. It is alleged that this suit is filed by original Plaintiff in collusion with Defendant no.1.
Heard advocate Mr. Jani, who has submitted that postal envelope of copy of this Chamber Summons is refused by Dinesh Govindram Bajaj and Namrata @ Anita Naresh Melvani, the proposed LRs of original Plaintiff. Advocate Mr. Jani submitted that if the Chamber Summons will be allowed and if legal heirs of original Plaintiff will be brought on record, copy of amended plaint will be served upon Dinesh Bajaj and Namrata @ Anita Naresh Melvani as well as it will be served upon Defendants.
Defendant no.2 submitted that this Chamber Summons is necessary to be dismissed because Defendant no.1 Ritesh Govindram Bajaj, who is son of original Plaintiff Govindram Giridhardas Bajaj is not shown in Chamber Summons as LR of original Plaintiff.
I have given serious consideration to the submissions made on behalf of the parties. As Ritesh Govindram Bajaj the legal heir of Plaintiff is already on record as Defendant no.1, I find that he can not be added as Plaintiff and LR of original Plaintiff. Further, death certificate filed on record shows that original Plaintiff Govindram Giridhardas Bajaj died on 30/12/2018 and this Chamber Summons is filed on 25/03/2019 i.e. within 90 days from the date of death of original Plaintiff, hence the Chamber Summons is necessary to be made absolute, hence I proceed to pass following order-
ORDER
1. Chamber Summons no.700 of 2019 is made absolute in terms of prayer clause (a) and (b).
2. Applicant is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Applicant is further directed to serve the copies of amended plaint upon proposed Plaintiffs and upon the Defendants of this suit.
4.Applicant is directed to file typed copy of amended plaint for the record of the court.
Case is adjourned to 16/11/2019 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2019