Final Order 1

Order Details: Chamber summons
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MHCC010074312019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1334 OF 2019
IN
S.C.SUIT NO. 4516 OF 2008
Nutun Umesh Lalan ...Plaintiff
Versus
1. Mayurbhai Raichand Ramji Lalan & Ors. ...Defendants
And
1. Utsav Umesh Lalan & Ors. ...Respondents
Appearance:
Ld. advocate Mahamuni for plaintiff.
Ld. advocate Banerjee for defendant nos.1 to 3.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 08/04/2022.
ORDER
1. This chamber summons is taken out on behalf of plaintiff for
adding name of the respondents as plaintiff nos. 2 and 3. This chamber
summons is resisted on behalf of defendant no.3 by filing reply
thereon.
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2. Heard both the learned counsels on behalf of the both the sides
at length. Read the present chamber summons alongwith affidavit of
plaintiff Nutun Lalan in support of this chamber summons. Perused
reply filed on behalf of defendant no.3. Perused documents.
3. The learned counsel on behalf of plaintiff has submitted that this
chamber summons is taken out on behalf of the plaintiff for taking or
adding respondents who are the sons of the plaintiff on record. He has
further submitted that at the time of filing of the suit, the respondents
were minor. Therefore, they could not made as party. Now on advise of
advocate for plaintiff, the plaintiff has moved this chamber summons for
adding respondents as plaintiff nos. 2 and 3.
4. The learned counsel on behalf of defendant no.3 has submitted
that the present suit came to be filed in the year 2008 and this chamber
summons moved on behalf of plaintiff at very late stage i.e. in the year
2019. Therefore, there is delay for filing the present chamber summons
for recording the name of respondents as plaintiff nos. 2 and 3. He has
further submitted that on wrong advise of the advocate for plaintiff,
plaintiff could not add respondents as plaintiff nos. 2 and 3 at the time
of filing of the suit. This submission of the plaintiff cannot be accepted.
The present chamber summons is taken out with an intention to
prolong this matter.
5. The learned counsel on behalf of defendant no.3 has placed his
reliance on the judgment of Hon’ble Supreme Court in the case of M/s.
Concord of India Insurance Co.Ltd. vs. Smt. Nirmala Devi & Ors.,
reported in (1979) 4 Supreme Court Cases 365. The Hon’ble Supreme
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Court has held that, “ it is a settled position in law that lawyers
ignorance cannot be taken as a ground to overcome the hurdle of delay.
6. After hearing the arguments advanced on behalf of both the sides
at length and after scrutiny of rival pleadings of both the parties and
documents on record, it appears to me that the ratio held in above
citation relied on behalf of the defendant no.3 with due respect is not
applicable in the present case in my hand due to differ of facts and
circumstances of the matter. In the present case in my hand, the present
suit is filed on behalf of the plaintiff for declaration and partition.
Therefore, admittedly, respondents are sons of the plaintiff and if the
respondents are added as plaintiff nos.1 and 2, it will not cause any
prejudice on the part of the defendants. Moreover, on perusal of the
record, it appears to me that till this date the issues are not framed.
The trial of this matter has not been initiated. Therefore, I inclined to
allow this chamber summons. Hence, I proceed to pass following order.
ORDER
1. Chamber Summons No.1334/2019 is hereby allowed as prayed for.
2. The plaintiff and her advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons No.1334/2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :08/04/2022 Gr. Mumbai
Dictated on:08/04/2022
Transcribed on: 08/04/2022
HHJ signed on: 08/04/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
08/04/2022 at 4.45p.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
08/04/2022
Judgment/order signed by P.O. on 08/04/2022
Judgment/order uploaded on 08/04/2022
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