Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 1639-19 In S.C.Suit No. 1277-2017
Date : 13.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1639 of 2019
IN
S.C.SUIT NO.1277 of 2017
(CNR NO.MHCC010092622019)
Manjeri Ramnath Viswanath .. Plaintiff
Versus
Vijayalakshmi Subramanian & Ors. .. Defendants
Appearances :
Adv.Isha Jain for plaintiff present.
Adv.Reshma Kurle for defendant no.1,2 and 7 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
C.R. No. : 7
Dated : 13.09.2019
ORDER
1. The plaintiff has filed instant Chamber Summons for deliting
the name of defendant no. 2 from the Title of the plaint and
substituting the name of proposed defendant no. 2(a).
2. It is contended by the plaintiff that the defendant no. 2 died
on 10.06.2019. The deceased was his real brother. He has
personal knowledge that Smt. Usha Seshadri and defendant no. 7
are legal heirs of the deceased. Therefore, they should be brought
on record. The other legal heir i.e. Mr. Ramnath Manjeri Seshadri
is already on record as defendant no. 7. It is contended by the
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Chamber Summons 1639-19 In S.C.Suit No. 1277-2017
Date : 13.09.2019
plaintiff that right to sue still survive against the Legal
Representative of deceased defendant no. 2. Hence, the present
Chamber Summons be allowed. The Chamber Summons is
formally opposed by other side.
As per the pleading of the plaintiff, the defendant no. 2 died
on 10.06.2019. The plaintiff filed Chamber Summons withing 90
days. Hence, there is no delay. The right to sue survive against
the Legal Representative of defendant no. 2. Hence, in my view,
the Chamber Summons needs to be allowed in the interest of
justice. Thus, I proceed to pass the following order :
ORDER
1. Chamber Summons No. 1639 of 2019 is allowed in terms of
prayer clause no. (a) to (c).
2. The plaintiff to carry out necessary amendment as as per
schedule, within 14 days from the date of order.
3. The plaintiff to file amended plaint and also serve to the
defendant.
4. Chamber Summons No. 1639 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 13.09.2019 Gr. Bombay
Dictated on : 13.09.2019
Transcribed on : 13.09.2019
Draft submitted on : 13.09.2019
Checked on : 13.09.2019
Signed on : 17.09.2019
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Chamber Summons 1639-19 In S.C.Suit No. 1277-2017
Date : 13.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/09/2019 at 4.00 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
13/09/2019
JUDGMENT/ORDER signed by
P.O. on
17/09/2019
JUDGMENT/ORDER uploaded
on
17/09/2019
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