Final Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.966/2018 in Suit No.8981/1994
CNR.NO.MHCC010071072018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 966 OF 2018
IN
SUIT NO. 8981 of 1994
Mahesh Naranji Gori & Anr. ]...Plaintiffs
Versus
Madhavji Devji and Ors. ]...Defndants.
And
Mrs. Rajeshree Pravinchandra
Wife of Deceased Defendant No.4 & Anr. ]...Respondents.
Appearances:
Ld. Advocate Pooja Muni for the plaintiffs.
Ld. Advocate Mr. Rajesh Dubey for the defendants.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Adhoc Judge
C.R. No. : 32
Dated : 3rd December, 2018
ORDER
1. Plaintiff taken out this Chamber Summons to bring on record the
legal heirs of defendant No.4 and amendment in the plaint accordingly with
prayer for condonation of delay.
2. Defendant No.2 filed reply on Chamber Summons. Defndant No.4 is
expired on 25.01.2018. There is no plausible reason set out for gross dealy
of 103 days in taking out the Chamber Summons. Hence, Chamber
Summons be dismissed with cost.
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: 2 : Chamber Summons No.966/2018 in Suit No.8981/1994
3. Heard both the learned Advocates of the parties.
4. Ld. Advocate Mooni for the plaintiffs submitted that they were not
aware about the death of defendant No.2. Advocate appearing for the
defendant informed the Court about the death of defendant No.4.
Therefore, plaintiff Advocate issued a letter on 02.05.2018 to the defendant
and requested to furnish the details of the demise defendant and in
response to the letter of plaintiff, defendant provided the names of legal
heirs of defendant No.4 to the plaintiff on 03.05.2018 and Chamber
Summons taken on 07.06.2018. Considering this aspect for condonation of
delay in taking out the Chamber Summns, I am of the view that cost of
Rs.1,000/ is imposed on the plaintiff in taking out the Chamber Summons
then that will be justifiable. Hence, I pass the following Order:
ORDER
1. Chamber Summons No. 966/2018 is made absolute in terms of prayer
clause by imposing cost of Rs. 1,000/ (Rupees One Thousand) on the
plaintiff be paid to the defendant.
2. After payment of cost, plaintiff is directed to comply accordingly.
Date : 03.12.2018 (Pushpa N. Rao)
Ad hoc Judge
Bombay City Civil Court
Greater Mumbai
Dictation typed on computer: 03.12.2018
Signed by HHJ on :03.12.2018
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: 3 : Chamber Summons No.966/2018 in Suit No.8981/1994
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03.12.2018, 5:47 p.m. Mr. Subhash S. Poul
Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
03.12.2018
JUDGMENT/ORDER signed by
P.O.on
03.12.2018
JUDGMENT/ ORDER uploaded on 03.12.2018
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