Full Order Text
Final Order 1 · 12 Dec 2019 · CNR MHCC010088472019
Order Details: Chamber summons Pdf Text: Chamber Summons 1562-19 In S.C.Suit No. 789- 2017 1 Date 12.12.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.1562 of 2019 IN S.C. SUIT NO. 789 of 2017 (CNR NO.MHCC01 0088472019) Laxman Narsu Bhilare .. Plaintiff Versus Balkrishna Narsu Bhilare & Ors. .. Defendants Appearances : Ld. Adv.R.G.Jagtap for plaintiff. Ld. Adv.Savita Suryavanshi for defendant No.1. Coram : His Honour Judge Shri. A.H.Laddhad Judge. C.R. No. : 7 Dated : 12.12.2019 ORDER 1. The plaintiff filed instant Chamber Summons for deleting the name of defendant no. 1 on account of his death and brought proposed legal heirs of the defendant no. 1 on record. 2. It is contended by the plaintiff that defendant no. 1 Mr. Balkrishna Narsu Bhilare expired on 17.06.2019. The advocate appering for defendant no. 1 vide his letter dated 31.07.2019 informed about the aforesaid fact. The Chamber Summons is within limitation. Right to sue against defendant no. 1 is survive. Hence, plaintiff praryed for allowing Chamber Summons. -- 1 of 3 -- Chamber Summons 1562-19 In S.C.Suit No. 789- 2017 2 Date 12.12.2019 3. Chamber Summons is formally opposed by the defendant. Heard both the sides. Perused Chamber Summons. The defendant no. 1 expired on 17.06.2019. The letter dated 31.07.2019 issued by advocate of deceased defendant no. 1 informed about the aforesaid fact. Thus, from the date of knowledge, the Chamber Summons is within limitation. Right to sue against Legal Representatives of defendant no. 1 is survive. Hence, Chamber Summons needs to be allowed. ORDER 1. Chamber summons No.1562 of 2019 is made absolute in terms of prayer clause(a),(b) and (c). 2. Plaintiff to carryout amendment as per schedule within 14 days from the date of order. 3. Chamber summons No.1562 of 2019 is disposed off. (A.H.Laddhad) Judge City Civil & Sessions Court Dated : 12.12.2019 Gr. Bombay. Dictated on : 13.12.2019 Transcribed on : 13.12.2019 Draft submitted on : 13.12.2019 Checked on : 16.12.2019 Signed on : 16.12.2019 -- 2 of 3 -- Chamber Summons 1562-19 In S.C.Suit No. 789- 2017 3 Date 12.12.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 16/12/2019 at 3.30 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.7) Date of Pronouncement of JUDGMENT/ ORDER 12/12/2019 JUDGMENT/ORDER signed by P.O. on 16/12/2019 JUDGMENT/ORDER uploaded on 16/12/2019 -- 3 of 3 --