Date: 21-08-2019
Business: Adv. Pallavi Gandhi for the Plaintiff present.
Adv. Prabhu for defendant no. 1 present.
Adv. Chandra More for defendant no. 2 present.
Adv. Vinayak Kalro for Defendant no. 3 present.
Registered NM No. 2380/19 a/w Affidavit in support tendered by defendant no. 3. t.o.r.
Registered Ch/Summ no. 1160/19 a/w Affidavit in support tendered by the plaintiff t.o.r.
Reply to NM No. 2380/19 tendered by the plaintiff t.o.r.
Order below C/S no. 1160/19 -
Heard, perused Chamber Summons and Affidavit in support.
It appears that, this chamber summons has been taken out by the plaintiff to add legal heirs of proposed defendant in the Chamber Summons no. 1667/2015. It is pertinent to note that, basically deceased Mr. Anthony Louis Fernandes had not been added as a party defendant in the suit in view of Ch Summons no. 1667/15.
Therefore, there is no question remain to bring on record legal heirs of deceased Mr. Anthony in Chamber Summons no. 1667/15. it is for the plaintiff to show as to whether there is any cause of action remained against legal heirs of Mr. Anthony and if it is so it is for the plaintiff to take appropriate steps independently. Thus this chamber summons is not maintainable
as prayed for.
Hence, Chamber Ssummons no. 1160/2019 is hereby dismissed with costs.
Nature Of Disposal: DISMISSED
Disposal Date: 21-08-2019
