Full Order Text
Order 1 · 30 Nov 2019 · CNR MHCC010070992018
Order Details: Chamber summons Pdf Text: :1: Ch. Summons No.962/2018 in Suit No.4304/2009 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI CHAMBER SUMMONS NO. 962 OF 2018 CNR NO.: MHCC010070992018 IN SUIT NO. 4304 OF 2009 (HIGH COURT SUIT NO. 2480 OF 2009) Kitabuddin Shaikh and others ...Plaintiffs V/s. Umesh P. Shetty and another ...Defendants Appearances: Advocate Lata P. Kharwa for the plaintiffs. Advocate Ms. Surbhi Gujar for defendant No.2. CORAM : HER HONOUR JUDGE SONALI P. AGARWAL (C.R.NO.14) DATED : 30th NOVEMBER, 2019. ORAL ORDER This is a Chamber Summons taken out by the plaintiff to bring the legal heirs of deceased defendant No.1 on record. 2. Plaintiff has stated that on 7th November, 2017 they were informed about death of defendant No.1 in writing. Plaintiff has stated that defendant No.1 expired on 30.08.2016. It appears the present -- 1 of 3 -- :2: Ch. Summons No.962/2018 in Suit No.4304/2009 Chamber Summons is filed in March, 2018. Hence, it appears that heirs are not brought on record even after knowledge of death of defendant No.1 on 7th November, 2017 within 90 days. But in the interest of justice to allow parties to fight case against proper party and get justice, it will be proper to allow plaintiff to bring legal heirs of deceased defendant No.1 on record and condone delay in filing such application. Hence, following order: ORDER 1. Chamber Summons No.962 of 2018 is allowed. 2. Plaintiff is directed to carry out amendment within 14 days from the date of this Order. 3. Chamber Summons No.962 of 2018 stands disposed of. (SONALI P. AGARWAL) Judge, Date: 30.11.2019. City Civil Court, Gr. Bombay. Dictated on : 30.11.2019 Transcribed on : 30.11.2019 Signed on : 02.12.2019 -- 2 of 3 -- :3: Ch. Summons No.962/2018 in Suit No.4304/2009 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 03.12.2019 At 12:01 p.m. Mr. Subhash Sukhdeo Poul UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court Room No.) HHJ Sonali P. Agarwal (C.R.NO.14) Date of pronouncement of Judgment/Order 30.11.2019 Judgment/Order signed by P.O. on 02.12.2019 Judgment/Order uploaded on 03.12.2019 -- 3 of 3 --