Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 515 OF 2018
CNRMHCCO10036412018
IN
S.C.SUIT NO. 864 OF 2008
CNR MHCC010016962008
1.Lalitkumar Dwarkadas & Ors. )....Plaintiffs.
V/s.
1. Jagdish S/o Somabhai Solanki & Ors. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 04/09/2018.
Adv. Mr. Bharat Joshi for the plaintiffs.
Defendant no.1 inperson
ORAL ORDER
In consonance of the order in chamber summons no.
1385/17, this chamber summons is taken out by the plaintiff for adding
the names of Niruben d/o Somabhai Solanki and Hiraben d/o Somabhai
Solanki. It is an admitted fact that defendant no.4 expired on
24/11/2016. For bringing legal heirs of defendant no.4 on record, the
proceedings in Chamber summons 1385/17 was already taken out by
the plaintiff reply to the said chamber summons which it was intimated
that the proposed legal heirs of this chamber summons are their and
they also needs to be added as party defendant. The right to sue
survives infavour of the proposed legal heirs. The delay in taken out
chamber summons is considered as the plaintiff has previously applied
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for chamber summons no. 1385/17. Hence considering provisions of
Order I Rule 10 of the Civil Procedure Code, I pass the following order.
ORDER
1. Chamber summons no. 515/18 is allowed and
made absolute in terms of prayer clause (a) and
(b).
2. Plaintiff is directed to carry out the amendment in
the plaint within two weeks and shall supply the
copy of amended plaint upon the defendants within
two weeks thereafter.
3. Chamber summons is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:04/09/2018.
Dictated on : 04/09/2018.
Transcribed on : 07/09/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 12/09/2018
Time at 4.50p.m.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
04/06/20189
JUDGMENT / ORDER signed by
P.O.on
11/09/2018
JUDGMENT / ORDER uploaded on 12/09/2018
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