Final Order 1

Order Details: Chamber summons
Pdf Text: Heard both the sides on draft Ch/S. The present Chamber Summons is taken out
by plaintiff to bring the LR's (Applicant No.1,2,3) of deceased plaintiff on record.
The application is opposed. There is delay of around 15 days in taking out the
Chamber Summons. No specific prayer is made for condonation of delay.
However, for such short delay, the prayer for condonation can be considered in
the general prayer “such other and further order in the facts and circumstances of
the case”. The plaintiff died on 07.06.2017. The present Chamber Summons is
taken out on 13.11.2017. The fact that the applicants are LR's of deceased plaintif
is not disputed. The question is only of condonation of delay, which in my view can
be compensated in terms of costs. Therefore, following order.
ORDER
Draft Chamber Summons is allowed, subject to payment of costs of Rs.2000/- to
be paid by plaintif with the ofce of Legal Aid, thereby, plaintif is directed to bring
the LR's i.e. applicants of deceased plaintif on record as plaintif no.1(a),(b) and (c)
in place of original plaintif.
Amendment to be carried out within 2 weeks from the date of this order.
LC for defendant submitted that let the costs be deposited with the Bar
Association of Bombay City Civil and Sessions Court. Therefore, the costs is
directed to be deposited with the Bar Association of Bombay City Civil and
Sessions Court with receipt to be filed in the Court.
ORDER ON Ch/S 1908/16
Heard both the sides on Chamber Summons. The present Chamber Summons is
taken out by by way of this Chamber Summons plaintif wants to delete prayer
clause (a) from the plaint. As plaintif is himself on his own perils intends to delete
prayer clause (a), I do not think that the same will cause prejudice to any partly.
Therefore, the Chamber Summons 1908/16 is allowed with no order as to costs,
thereby, the plaintif is directed to delete the prayer clause (a) from the
plaint within 2 weeks from the date of this order. Plaintif submitted that
the prayer clause (a) of NM 2919/14 is in respect to prayer clause (a) of the
plaintiff and requested for permission to delete prayer clause (a) of the Notice of
motion too. Permission as prayed granted.
Amendment to be carried out within 2 weeks from the date of this order.
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LC for plaintiff and defendant submitted that they do not want to lead any oral
evidence on the preliminary issues framed by this Court by order dated 19.11.2012
in NM 2553/12 and will argue the NM on the basis of documentary evidence on
record.
continued...
continued...SU 916/12...
Plaintiff is directed to file fresh typed copy of amended plaint positively on or
before next date with copy to other side and get the draft Chamber Summons
registered.
As the Ch/S 264/16 is not traceable.
Sheristedar submitted that the draft Ch/S 264/16 was received but after
registration it was not tendered by plaintiff. Plaintiff to file registered Ch/s
264/16.
Adjd for hearing on preliminary issue, Ch/S 264/16 and hearing in NM 2919/14
on 11.06.18.
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