Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.977 of 2018 Suit No. 6791/1997
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.977/2018
IN
SUIT NO.6791/1997.
(High Court Suit No. 61 of 1997)
Cyril D'Souza & Anr. ... Plaintiff
V/s.
Mr. Jerry Fernandes alias Jeremias Affricio
Fernandes and Ors. ... Defendants
CORAM : HIS HONOUR JUDGE
SHRI. GOPAL G. BHANSALI.
(C.R. NO.07)
DATE : 17.01.2019.
Mr. Rego D'Monte, Advocate for plaintiff.
Mr. A.L.Thakkar I/b Thakkar & Co., Advocate for
Defendants No. 1 and 4.
Mr. Gonsalves, Advocate for Defendant no.2 and 3.
ORAL ORDER
This is a chamber summons submitted by the plaintiff to
record the legal heirs of defendant no.1. Perused the reply submitted
by the plaintiff and rejoinder filed by the plaintiff. The learned
advocate for1988 plaintiff submits that the chamber summons titled as
filed under order 22 rule 4 of the Code of Civil Procedure be treated as
filed under section 22 rule 6 of the Code of Civil Procedure. It is added
that there shall not be hyper technical approach while deciding the
proceeding before the Court.
2. The learned advocate Mr. Gonsalvis for defendants no. 2
and 3 submits that on 13.07.2011, the previous chamber summons1988
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Chamber Summons No.977 of 2018 Suit No. 6791/1997
bearing no. 468 of 2018 was not pressed. Therefore, no new chamber
summons can be filed by the plaintiff as no leave of the Court was
sought to file fresh chamber summons.
3. The learned advocate A.L. Thakkar for defendant no. 1 now
for defendant no.4 submits that as previous chamber summons
submitted for same relief was withdrawn, therefore, the plaintiff cannot
file the fresh chamber summons for similar relief.
4. At this juncture, the learned advocate D'Monte for plaintiff
has not pressed the chamber summons. He submits that in view of
order 22 rule 6 of the Code of Civil Procedure endorsed that no order
may be passed on present chamber summons. According to plaintiff,
hearing of both side was completed and prior to the judgment,
defendant no.1 was died. Therefore, according to plaintiff, under order
22 rule 6 of the Code of Civil Procedure,there cannot be abatement of
the suit, as plaintiff has not pressed the chamber summons, it is stands
filed. In view of the similar endorsement on the application that no
order to be passed in view of order 22 rule 6 of the Code of Civil
Procedure. Hence, the following order is passed :
FINAL ORDER
The chamber summons no. 977 of 2018 and application
stands filed as not pressed.
The chamber summons no. 977 of 2018 disposed of
accordingly.
(Gopal G.Bhansali )
Judge,
Date:16.1.2019. City Civil & Sessions Court, Gr.Mumbai.
Dictated on : 16.1.2019
Transcribed on : 16.1.2019
Signed on :
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Chamber Summons No.977 of 2018 Suit No. 6791/1997
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
23.01.2019 at 1245m. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.07)
Date of pronouncement of Order 16.01.2019
Order signed by P.O. on 23.01.2019
Order uploaded on 23.01.2019
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