Date: 17-10-2019
Business: Advocate Dhamdhere for Plaintiff present and filed registered Chamber Summons no.1586/2019 with affidavit in support, t.o.r.
Advocate Amruta Athavle for Defendant present and submitted that on next date she will file Chamber Summons reply. Considering submissions adjourned.
Case is adjourned to 20/12/2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Advocate Mr. Vijay Dhambhere for Plaintiff present
Advocate Ms. Amruta Athavale for Defendant no.1 (a to c), 3 and 4 present.
ORDER ON CHS NO.1586/19
This Chamber Summons is taken out by Plaintiff for deleting the name of deceased Defendant no.2 from Defendants array.
Plaintiff Jaydev Mehta has filed his affidavit in support of Chamber Summons contending that on 05 or 6th February 2019 he learnt that Defendant no.2 expired on 16/12/2018 and said fact was informed by Plaintiff\''s advocate to the Court and thereafter this Chamber Summons is taken out. It is contended that Defendant no.2 was wife of Defendant no.1(deceased) and to the personal knowledge of Plaintiff, Defendant no.3 and 4 are the sons of Defendant no.1 and 2 and Defendant nos.3 and 4 are already on record therefore merely the name of deceased Defendant no.2 is necessary to be deleted.
Defendant nos.1a, 1b and 1c along with Defendant no.3 and 4 have resisted the Chamber Summons by filing their reply through their advocate to the Chamber Summons. It is contended that Chamber Summons is not in proper form and Defendant nos.1a, 1b and 1c who are also legal heirs of Defendant no.2 are not referred in the Chamber Summons as legal heirs of said deceased Defendant, therefore the Chamber Summons according to Defendants is liable to be dismissed.
Heard. Considering the fact that Plaintiff has not shown names of Defendant nos.1a, 1b and 1c as the legal heirs of deceased Defendant no.2 I find that the Chamber Summons can not be allowed and liberty can be granted to Plaintiff to file fresh Chamber Summons for deleting the name of deceased Defendant no.2 or to show her name as deceased Defendant but in said Chamber Summons Plaintiff will have to mention that Defendant nos.1a, 1b and 1c along with Defendant nos.3 and 4 are the legal heirs of deceased Defendant no.2. Hence, I proceed to pass following order-
ORDER
Chamber Summons no.1586/19 stands disposed off / dismissed with liberty to Plaintiff to file fresh Chamber Summons as observed by the court in the reasonings.
Case is adjourned to 09/03/2020 for Steps and Notice of Motion hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 20-12-2019