Date: 23-08-2019
Business: Advocate Kunal Phule for Plaintiff present and filed registered Chamber Summons no.1500/2019 with affidavit in support, t.o.r.
Advocate M. K. Tanna for Defendant present and submitted that today itself he will file reply to Chamber Summons and will serve it upon Plaintiffs advocate.
K.B.
L.O.
Court is busy in hearing and dictating order on NM in suit no.2614/18 and hearing and dictating order on Chamber Summons in suit no.81/87, hence case is adjourned to 04/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Plaintiff present.
Advocate Mr. Kunal Phule for applicant present and filed affidavit of rejoinder to Chamber Summons, t.o.r. Copy served upon Defendant no.1C.
Defendant no.1C Jayraj Kapoor present.
Case is adjourned to 29/01/2020 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: As Court is busy in hearing Arguments in Chamber Summons No.150/2017 in Suit no.3697/2010, hence board is discharged.
Case is adjourned to 20.02.2020 for Ch/S. Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Advocate Shukla for applicants/LRs of Plaintiff present
Advocate M. K. Tanna for Defendant no.1a to 1d present
ORDER ON CHS NO.1500/2019
This Chamber Summons is taken out by applicants i.e. legal heirs of original deceased Plaintiff to bring on record those applicants as LRs of original Plaintiff. Applicant Anil Kapoor has filed his affidavit in support of Chamber Summons contending that original Plaintiff died on 18/05/2019 leaving behind applicant as his LR and this Chamber Summons is taken out within 90 days from the death of original Plaintiff.
Defendants have filed affidavit of reply through Defendant Jayraj Kapoor and contended that Chamber Summons is vexatious, false and liable to be dismissed in liminie because Chamber Summons suffers from basic defects like schedule is not annexed to the Chamber Summons. Further, according to Defendants Chamber Summons suffers from gross delay. It is denied that applicant is real son of original Plaintiff.
Heard advocate for Plaintiff Mr. Shukla and advocate for Defendant Mr. M. K. Tanna. Copy of death certificate of original Plaintiff filed on record shows that original Plaintiff expired on 18/05/2019 and this Chamber Summons is taken out on 25/07/2019. As such, the Chamber Summons is filed within stipulated time provided by law. Further, Defendants can disprove applicant\''s relation with original Plaintiff by cross examine applicant at relevant time and by adducing cogent evidence to prove the fact that applicant is not son of original Plaintiff. Plaintiff\''s advocate pointed out that before Hon\''ble High Court in suit no.3255/1995 Defendants have admitted that applicants are legal heirs of original Plaintiff Bhupendranath. Defendants advocate submitted that said admission was given on the basis of letter sent by applicants. Any how, the relation between applicants and original Plaintiff can be proved and disproved by the parties at relevant time and as the Chamber Summons is taken out within 90 days from the death of original Plaintiff, I find that it is necessary to be made absolute. Hence, I proceed to pass following order-
ORDER
1. Chamber Summons no.1500 of 2019 is made absolute in terms of prayer clauses (a) and (b).
2. Applicants are directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Applicants are further directed to serve the copies of amended plaint upon Defendants and to file typed copy of amended plaint for the record of the court.
Case is adjourned to 22/04/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 20-02-2020