Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 1021/19 in Suit No. 8377/1994
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CS NO. 1021 OF 2019
IN
SUIT NO. 8377 OF 1994
(CNR : MHCC010053562019)
Prabhashankar P. Joshi …. Plaintiff
Versus
Tulsiram R. Rander ….Defendant
CORUM : SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.20)
DATE : 22/02/2021
ORAL ORDER
1) The chamber summons is filed by plaintiff to bring
on record legal heirs of deceased defendant expired on
20.01.2019. The death certificate is filed. It shows that the
defendant expired on 20.01.2019 at Mumbai. The chamber
summons is supported by affidavit of Rajesh Prabhashankar
Joshi. He on oath stated that the chamber summons is filed to
delete the name of the deceased defendant from the title of the
plaint and bring on record his legal heirs.
2) The roznama dt. 22.08.2019 shows that “the legal
heirs of defendant No. 1 (a), 1(e) and 1 (f). Notice of D1 (b)
Rajesh and 1 (c) Mukesh returned with postal endorsement
“Intimation Given Unclaimed:. It amounts to service on D1 (b)
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and 1 (c). The postal envelope of D1 (d) returned with
endorsement as “Left”. It is not service. None appeared for D1
(a), 1 (e), 1 (f), D1 (b) and D1 (c). Chamber summons to
proceed exparte against them. Plaintiff to take steps for service of
chamber summons on D1 (d)”.
3) The roznama dt. 01.02.2020 shows that “chamber
summons proceeded exparte against proposed defendant No. 1
(d) is not served. Plaintiff No. 3 in person present. He states that
Adv. of proposed defendant be directed to provide address of
proposed defendant No. 1 (d) Perused record. Vakalatnama for
proposed defendants is not filed on record. Matter is pending
since 11/10/2019 for service to proposed defendant No. 1 (d).
Therefore it appears me that there I no need to wait more to
serve the proposed defendant No. 1(d). Order passed on the
Chamber summons to keep Chamber summons for hearing”.
4) The suit is pending since 1994. Nobody present on
behalf of plaintiff. The chamber summons is now for hearing. The
plaintiff got the information of death of defendant on 21.01.2019
as per the roznama. Therefore the chamber summons from the
date of knowledge is within limitation. The suit is in respect of
transaction of loan of Rs. One lakh to the plaintiff by defendant.
The defendant kept Equity Share certificates of various
companies as collateral security with him. The legal heirs of the
defendant are necessary to be impleaded to decide the dispute
between the parties. Considering the averments in chamber
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summons supported by affidavit the legal heirs of deceased are to
be brought on record. Hence pass following order:
ORDER
1. The Chamber summons is allowed in
terms of prayer 1 (b).
2. The plaintiff is directed to carryout
necessary amendment within
limitation.
3. Accordingly, chamber summons is
disposed of.
(S.S. Nagur)
Date : 22/02/2021 Judge
City Civil Court,
Greater Mumbai.
Dictated on : 22/02/2021
Transcribed on : 22/02/2021
Signed on : 22/02/2021
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CS No. 1021/19 in Suit No. 8377/1994
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
22/02/2021 & 5.50 pm : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 22/02/2021
Order
Judgment/Order signed by the P.O. on : 22/02/2021
Judgment/Order uploaded on : 22/02/2021
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