Full Order Text
Final Order 1 · 01 Jul 2019 · CNR MHCC010053532019
Order Details: Chamber summons Pdf Text: CS.1018/19 in Suit no. 8981/94 1 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.1018 OF 2019 IN SUIT NO. 8981 OF 1994 (HIGH COURT SUIT NO. 4136 OF 1994) (CNR.NO.MHCC010053532019) Mahesh Naranji Gori & Anr. ) .... Plaintiffs VERSUS Madhavji Devji & Ors. ) .... Defendants Appearance: Mrs. Pooja Muni, Advocate for plaintiff present. Defendant no.2 in person present. Coram : His Honour Judge Shri. A.H.Laddhad Addl. Judge CR No. : 32 Dated : 01st July, 2019. : ORDER : 1. The plaintiff has filed instant Chamber Summons for bringing legal heirs of defendant no. 2 on record. It is contended by the plaintiff that, they came to know about the death of defendant no. 2. Therefore, the plaintiff has issued legal notice to the Advocate of the defendant no. 2. But, the advocate of the defendant no. 2 did not give the date of death of defendant no. 2. It is further contended by the plaintiff that, as per the partnership deed, it was decided between the parties to bring legal heirs on record in case of death of any of the partner. Hence, the plaintiff seeking to bring legal heir of defendant no. 2 on record. -- 1 of 3 -- CS.1018/19 in Suit no. 8981/94 2 2. The aforesaid Chamber Summons is not replied by the defendants. As per Order 30 Rule,4, it is not necessary to bring legal heirs of the deceased partners on record. However, as the Deed of Partnership provided specifically as such therefore, in my view, the plaintiff must be allowed to bring legal heirs of defendant no.2 on record. Hence, Chamber Summons is required to be allowed. Thus, I proceed to pass following order. : ORDER : 1. The Chamber Summons No. 1018/2019 is hereby made absolute in terms of prayer clause (b). 2. The plaintiff is allowed to carry out necessary amendment within 14 days and thereafter notice be issued to the proposed defendant. 3. The Chamber Summons No. 1018/2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 01.07.2019 Greater Mumbai Dictated on : 01.07.2019 Transcribed on : 01.07.2019 Draft submitted on : 03.07.2019 Checked on : 04.07.2019 Signed on : 04.07.2019 -- 2 of 3 -- CS.1018/19 in Suit no. 8981/94 3 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 04/07/2019 at 4.00 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.32) Date of Pronouncement of JUDGMENT/ ORDER 01/07/2019 JUDGMENT/ORDER signed by P.O. on 04/07/2019 JUDGMENT/ORDER uploaded on 04/07/2019 -- 3 of 3 --