Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 620 OF 2018
CNRMHCC010042152018
IN
L.C.SUIT NO. 246 OF 2015
CNRMHCC010005852015
Wahid Wajid Ali Khan )...Plaintiff.
V/s.
The Municipal Corporation of Greater Mumbai
(through M (East) Ward, Chembur, Mumbai. )...Defendant
AND
Smt.Nazma Wd/o.late Mr. Wahid Khan )...Applicant
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 28 /03/2018.
Ld. Adv.Asit Singh for the Applicant.
Ld. Adv. Mr. Giri for the defendant /BMC
ORAL ORDER
This chamber summons is taken out by the applicant for
bringing the legal heirs of deceased plaintiff on record.
2. It is submitted that the plaintiff has expired on 31st
January, 2017. It is submitted that the applicant is the wife of the
deceased plaintiff and only legal heirs. Chamber summons is opposed
by the MCGM on the ground that is is not within the limitation.
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3. In paragraph no. 6 of the affidavit in support of the
chamber summons, the widow of the plaintiff has submitted that she is
not aware of the procedure of law and was under shocked due to the
death of the plaintiff. The reasons as mentioned in the affidavit, in my
opinion are sufficient and satisfactory ground are shown by the
applicant for not taking out the chamber summons within a period of
limitation. The right to sue exists and therefore, delay of about two
days in taking out the chamber summons could very well be condoned.
Hence in the interest of justice I pass the following order.
ORDER
1. Chamber summons No.620/2018 is allowed and
made absolute in terms of prayer clause(a) and (b).
2. The applicant is permitted to carry out the
amendment as per the schedule annexed to the
Chamber summons within two weeks and shall
supply the copy of amended plaint upon the
defendants/MCGM within two weeks thereafter.
3. Chamber summons is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
Date:28/03/2018. City Civil & Sessions Court,
Gr.Mumbai.
Dictated on :28/03/2018.
Transcribed on :03/04/2018.
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: NAME OF STENOGRAPHER
03.04.2018 Mrs. V.V.Mhatre
TIME:1.50 p.m.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.08)
Date of Pronouncement of
JUDGEMENT/ORDER
28.03.2018
JUDGMENT/ORDER signed by
P.O. on
03.04.2018
JUDGEMENT/ORDER uploaded on 03.04.2018
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