Full Order Text
Final Order 1 · 20 Feb 2020 · CNR MHCC010084082019
Order Details: Chamber summons Pdf Text: Back Daily Status IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0101500/2019 Bhupendranath Harichand Kapur - Applicants - Smt Asha B. Kapur And Ors Vs Ayodhyanath Harichand Kapur - deceased - And Ors 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&amp#039s 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&amp#039s advocate pointed out that before Hon&amp#039ble 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. -- 1 of 1 --