Date: 19-01-2021
Business: Court is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Matter adjd to 15/04/2021 for Cross Examination of PW1 by Deft no. 2 to 4/ service and reply to C/S.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Due to covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present and tendered original registered Ch/s No.767/2020 along with affidavit in support thereof. TOR.
Adv Smita Chavan for defendant no.1/ MCGM present.
None for defendant nos.2 to 4.
Adjd. To 30/09/2021 for cross-examination of PW-1 by defendant nos. 2 to 4 / service and reply to Ch/s.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Sandeep Singh h/f Adv. S. R. Dubey for plaintiff present.
None for defendant / MCGM.
K.B.
L.O. at 12.10 p.m.
Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present.
Adv Mrs Rawade h/f Adv Smita Chavan for defendant no.1/ MCGM present.
None for defendant nos.2 to 4.
K.B. for reply to Ch/s No.767/20 by defendants.
L.O. at 2.45 p.m.
Adv Smita Chavan for defendant no.1 / MCGM present and requests for time to file reply to Ch/s No.767/20. Time is granted till next date.
Adjd. To 28/10/2021 for reply to Ch/s No.767/20 by defendant no.1 / MCGM.
Next Purpose: C/S REPLY
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Tiwari h.f. Adv. S.R. Dubey for Plaintiff present.
Adv. Chavan for Defendant No.1 present.
Adv. Parera for Defendant Nos. 2 to 4 present and filed reply to Ch/s. No. 767/2020, t.o.r. Copy is supplied to the Plaintiff.
Heard both sides on Ch/s. No. 767/2020.
Matter is adjd to 13/01/2022 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Tiwari h/f. Adv. Satyam Dube for Plaintiff present.
None for Defendant No.1/MCGM.
Defendant No.2 is present.
Advocate for Defendant Nos. 2 to 4 absent.
Order on Chamber Summons No. 767 of 2020.
The applicant/proposed Plaintiff filed this Ch/s. for impleading/adding them as the Plaintiff in the Suit.
The contention of applicants that their father has filed a present suit against Defendant/MCGM and challenged the notice issued by Defendant/MCGM U/s. 351 of MMC Act. During pendency of the suit original Plaintiff Shivprasad Gupta died on 12.06.2020. These applicants are the Legal Heirs entitled to proceed with the suit.
Due to Covid-19 pandemic the courts is not regularly functioning so also the applicants being LRS of original Plaintiffs busy toward performing his last rites and rituals. Therefore, did not contact with their advocate. So there is a delay in filing present Ch/s. Therefore, applicants prayed that the delay in filing Ch/s. be condoned and applicants be permitted to add as a Plaintiff in the Suit.
The Defendant No.2 opposed the application by filing reply on record. The contention of Defendant No.2 that the Ch/s. is bared by law of limitation. The reason mentioned for causing delay are not accepted by and found trustworthy. The Suit itself is abated, therefore, Ch/s. should not be allowed.
Perused Ch/s., reply filed by the Defendant No.2 heard both advocates at length. It is a matter of record that suit is filed in respect of immovable property. The Plaintiff has challenged the notice u/s. 351 of MMC Act, 1888 as well as the speaking order. The fact in issue is the demolition of the notice structure being constructed without permission of the competent authority. So it shows that the right to sue survives.
The main grievance of the Defendant that the Ch/s. is filed is bared by of law limitation and suit already abated. Hence, applicants are not entitled for the reliefs prayed.
The applicant and Legal Heirs of Plaintiff filed on record the death certificate of Shivkumar Gupta original Plaintiff. It shows that original Plaintiff died on 12.06.2020.
It is a matter of record that the Honble Supreme Court in Suo-motu Writ Petition (C) 3 of 2020. Order that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings. Therefore, if the above said period is excluded the Ch/s. is well within limitation. I have also accepted that the right to sue is survives. Therefore, applicants are certainly entitled for the relief prayed. Considering this passed following order.
ORDER
a. Chamber Summons No. 767 of 2020 is allowed.
b. The delay in filing Chamber Summons is condoned in the interest of justice.
c. The applicants/proposed Plaintiffs permitted to implead them as Plaintiff in this suit by amending the Plaint.
d. Above said amendment be carried out on or before next date.
e. Chamber Summons No. 767 of 2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-01-2022
