Final Order 1

Order Details: Chamber summons
Pdf Text: 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&amp#039s 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.
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