Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.945/19
in Suit No.135/2011
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Chamber Summons No. 945 of 2019
(CNR NO. MH CC010049512019)
In
SUIT No. 135 OF 2011
Nandkumar Ramchandra Khatu ....Plaintiff
V/s.
Mumbai Housing & Area Development Authority
(MHADA) and ors. ....Defendants
AND
Smt. Padma Nandukmar Khatu & Ors. ...Applicants
(Prop. Plaintiffs)
Appearance:
Mr. Santosh Shetye, Advocate for the Plaintiff.
Ms. Prabhu, Advocate for the MHADA/defendant No.1.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 16 th November, 2019.
ORDER
1. This chamber summons is taken out by applicants for
bringing them on record as legal heirs of the deceased plaintiff. Advocate
for defendant No.1 submitted that she do not want to file reply to the
chamber summons.
2. Heard both the sides. On perusal of record, it appears that
plaintiff died on 07.01.2019. The copy of death certificate of plaintiff is
filed on record. Advocate of defendant No.1 raised objection for
bringing legal heirs of plaintiff on record as chamber summons is filed
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2 Chamber Summons No.945/19
in Suit No.135/2011
beyond 90 days of prescribed period of limitation. Further Advocate of
plaintiff submitted that the chamber summons is filed within period of
limitation. On perusal of prayer clause (b) of chamber summons, it
reflects that the prayer for condonation of delay of 10 days is made.
Therefore, there is no substance in the submission of Advocate of
plaintiffs that the chamber summons is filed within limitation.
However, considering the reason mentioned in the affidavit in
support of chamber summons and considering the fact that right to sue
survives upon the applicants on death of plaintiff, I pass following order.
ORDER
1) Chamber Summons No.945/2019 is made absolute in terms of
prayer clause (a) and (b) subject to cost of Rs.5,00 / (Rs. Five
Hundred Only) to be paid to “District Legal Aid Services
Authority” (DLSA) Mumbai, on or before the next date.
2) Applicants/Plaintiffs are directed to furnish the amended copies of
plaint to the defendants and also to place the amended copy on
record.
3) Chamber Summons No.945/2019 is disposed off accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 16/11/2019
Dictated on : 16.11.2019
Transcribed on : 18.11.2019
Signed on : 19.11.2019
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3 Chamber Summons No.945/19
in Suit No.135/2011
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
20.11.2019 1.45 p.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 16.11.2019
Order signed by P.O. on 19.11.2019
Order uploaded on 20.11.2019
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4 Chamber Summons No.945/19
in Suit No.135/2011
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