Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1137 OF 2019
IN
SUIT NO. 4662 OF 2008
(CNR NO.MHCC01-006327-2019)
1. M/s. Kapur Bros & Ors. ...Applicants/Org.Plaintiffs
V/s.
1. R.V. Bhasin
(Since Deceased through his legal heir )
1A Mr. Niyam Bhasin & Ors. …Defendants.
Appearances:
Ld. advocate Mr. Kunal Kumbhat for plaintiffs.
Ld. Advocate Kalpesh J. Nansi for defendant No. 1A.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 27/10/2021.
ORDER
This chamber summons is taken out by the plaintiffs for taking
legal heirs of deceased plaintiff no.3 Shri Maharaj Kumar Kapur and
also taking legal heirs of deceased defendant No.2 Smt. Jatan K. Golcha.
This chamber summons resisted on behalf of the defendant No.1A by
filing their reply.
2. Read the present chamber summons, reply of defendants thereon.
Perused the record. Heard arguments of learned counsels on behalf of
both the sides.
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3. The learned counsel on behalf of the plaintiffs has submitted that
plaintiff no.3 Shri Maharaj Kumar Kapur and the defendant no. 2 Smt.
Jatan K. Golcha are expired. The learned counsel on behalf of the
plaintiffs has further submitted that on 30/06/2016, the defendant
no.1A made a statement before this Court that defendant no.2 has
expired and her legal heirs are required to be brought on record. The
defendant no.1A, at that time did not disclose the details of defendant
no.2 and for getting the details about the legal heirs of deceased
defendant no.2, it was required time and after getting details about
legal heirs of deceased defendant no.2, the plaintiffs have filed the
present chamber summons. The plaintiffs have also come to know that
plaintiff no.3 is also expired and therefore for taking details of legal
heirs of plaintiff no.3, the plaintiffs have required time for filing
chamber summons.
4. Learned counsel on behalf of the plaintiffs has further submitted
that whenever the plaintiff have got the details about the legal heirs of
deceased defendant no.2 and deceased plaintiff no.3, the plaintiffs have
filed the present chamber summons. In support of contentions of
chamber summons, the plaintiff no.5 Smt. Sarita Singh Sekhon filed
her affidavit. On these grounds, the learned counsel on behalf of
plaintiffs requested that present chamber summons may kindly be
allowed.
5. Learned counsel on behalf of the defendant No.1A has submitted
that neither in the chamber summons nor in the affidavit in support of
chamber summons made by the plaintiff no.5, the date of death of the
plaintiff no.3 and defendant no.2 are mentioned. The plaintiffs have
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also not produced the Death Certificate of the deceased of the plaintiff
no.3 and deceased defendant no.2 is on record. The present chamber
summons is filed without tendering death certificate of the deceased
plaintiff no.3 and deceased defendant no.2. Therefore, the present
chamber summons taken out by the plaintiffs may deserves to be
rejected.
6. After scrutiny of rival pleadings of both the parties and after
hearing arguments of learned counsels on behalf of both the sides at
length, it appears to me that the date of death of deceased plaintiff no.3
and deceased defendant no.2 are not mentioned in the present chamber
summons or in the affidavit of the plaintiff no.5. But on scrutiny of the
affidavit of plaintiff no.5, the plaintiffs came to know about the death of
defendant no.2 from the statement of defendant no.1A on 30/06/2016
and the plaintiff came to know about the death of plaintiff no.3.
Therefore, despite of mentioning of date of death of plaintiff no.3 and
deceased defendant no.2 in the chamber summons and despite of
producing death certificate by the plaintiff is on record. After
considering the affidavit of the plaintiff no.5 and not denial of death of
plaintiff no.3 and defendant no.2, I am of the view that the defendant
no.2 and plaintiff no.3 are dead. The plaintiffs have brought the legal
heirs of deceased plaintiff no.3 and deceased defendant no.2 which are
mentioned in the schedule enclosed along with chamber summons. If
this chamber summons is to be allowed regarding legal heirs of
deceased plaintiff no.3 and deceased defendant no.2, it will not cause
any hardship to the defendants. Therefore, I inclined to allow this
chamber summons taken out by the plaintiffs by imposing costs on the
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plaintiffs. Hence, I proceed to pass following order.
ORDER
1. Chamber Summons No.1137/2019 is hereby allowed as prayed for
subject to cost of Rs.3000/-.
2. The plaintiffs are hereby directed to deposit cost of Rs.3000/- to the
office of DLSA, Mumbai on or before one month from the date of this
order.
3. The plaintiffs and their advocate are hereby directed to carry out
proposed amendment after depositing cost amount.
4. Chamber Summons No.1137/2019 is hereby disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :27/10/2021. Gr. Mumbai
Dictated on: 27/10/2021
Transcribed on: 28/10/2021
HHJ signed on:28/10/2021
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
28/10/2021 at 4.00p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar)
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
27/10/2021
Judgment/order signed by P.O. on 28/10/2021
Judgment/order uploaded on 28/10/2021
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