Full Order Text
Final Order 1 · 21 Oct 2023 · CNR MHCC010040162019
Order Details: Chamber summons Pdf Text: Order on Chamber Summons No. 1 803 of 2019 MHCC010040162019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.803 of 2023. IN S. C. SUIT NO.1389 of 2017. Shri Shikamchand Munnilal Jaiswal ...Applicant/ Plaintiff. In the matter of :- Shri Shikamchand Munnilal Jaiswal ...Plaintiff. V/s. 1.Mrs. Sayeda Begum Munawar Khan and Anr. ..Defendants. Appearances :- Adv. Neha Bhavsar for plaintiff. Adv. Yasmin Sarang for defendant No. 2 Coram : Shri.U. C. Deshmukh. C.R. No.: 59. Date : 21/10/2023 ORAL ORDER This Chamber Summons is moved by the plaintiff to delete the name of defendant No.1 and substitute with name of Mr. Jamir Khan and Akhil Khan as defendant No. 3 & 4. -- 1 of 3 -- Order on Chamber Summons No. 2 803 of 2019 2. The plaintiff contends that he came to know through bailiff and from defendant No. 2 that defendant No. 1 is expired. Hence, it is essential to delete his name and substitute the name of defendant No. 3 & 4 as aforesaid. Hence, this Chamber Summons. 3. The defendant No. 2 in reply contends that the Chamber Summons is not maintainable as the defendant No.1 was died prior to the institution of the suit. 4. Considering submission of both sides, Ld. advocate for the plaintiff sought time to produce matter of death certificate of defendant No. 1 which ought to have been filed along with Chamber Summons. Non production of death certificate along with Chamber Summons and after Chamber Summons is heard, impliedly support the contention of defendant No.2 that defendant No. 1 is died prior to the suit. Therefore, the Chamber Summons is not maintainable under Order XXII of the Code of Civil Procedure. Accordingly, following order is passed :- ORDER Chamber Summons No. 803 of 2019 is rejected and disposed off accordingly. (Dictated and pronounced in open Court ) (U.C.Deshmukh) Judge, City Civil and Sessions Court Date.:20.10.2023 Greater Bombay (CR 59) Declared on : 20.10.2023 Direct typed on : 20.10.2023 Checked on :28.10.2023 Signed on : -- 2 of 3 -- Order on Chamber Summons No. 3 803 of 2019 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” 02.12.2022 at 4.00 -p.m. Mrs. P.R.Wagh UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ SHRI.U.C.Deshmukh,(C.R.No.59) Judge.,City Civil & Sessions Court, Date of pronouncement of /Order 20.10.2023 Order signed by P.O. on 02.12.2023 order uploaded on 02.12.2023 -- 3 of 3 --