Final Order 1

Order Details: Chamber summons
Pdf Text: Order on CS No.1051/2018 in Suit No.8905/2000
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1051 OF 2018
IN
SUIT NO. 8905 OF 2000
(H.C. SUIT NO.3863 OF 2000)
1. Sahida Mohammad Hanif
2. Shaikh Mohammad Hanif
Aged 62 years, residing at Mira
Road, Royal Place, Flt No.401,
Shanti Park,Bldg. No.81/82,
Sector 8, Mira Road, Thane ….Plaintiffs
versus
1. M/s. Bombay Electric Supply &
Transport undertaking at Electric
House, Colaba, Mumbai 400 005.
2. General Manager
Bombay Municipal Corporation
Electric House, Colaba,
Mumbai 400 005. ... Defendants
Shri. A.K. Roy, Advocate for plaintiff.
Ms. Yasmin, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 05/1/2019
ORAL ORDER
1) The Chamber Summons is filed by the plaintiff to
delete the name of plaintiff No.1 who expired on 13/2/18. The
Chamber Summons is supported by the xerox copies of the death
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certificate and affidavit of plaintiff No.2 Shaikh Mohammad Hanif.
2) Heard advocate Shri. A.K. Roy for plaintiff and Ms.
Yasmin for defendants. Advocate Ms Yasmin submitted that they
have not allowed to Chamber Summons.
3) On perusal of the roznama, the suit is for final
arguments. Defendant has tendered the closing pursis on 6/2/18.
The plaintiff No.1 expired on 13/2/18. Therefore, as per Order 22
Rule 6 of Code of Civil Procedure when the suit is for evidence,
there will not be abatement of the suit by reason of death after
hearing. One of the party to the suit is alive. Hence, as per Order
22 Rule 2 of Code of Civil Procedure, as there is right to issue
survive, the entry is to be made to the effect of death of the
plaintiff No.1. Hence, Chamber Summons needs to be allowed and
pass following order :
ORDER
1. Chamber Summons No.1051/18 is allowed.
2. The note be taken in the title of the plaint about
the death (expired) of plaintiff No.1.
(S.S. Nagur)
Date : 05/01/2019 Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 05/01/2019
Transcribed on: 05/01/2019
Signed on : 05/01/2019
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