Final Order 1

Order Details: Chamber summons
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MHCC010018052018
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1629 OF 2019
IN
SUMMARY SUIT NO.368 OF 2018
CNR NO.
Mr.Mukund Dhyoshi Choudhary ...Plaintiff
V/s.
Vikas Ranjeet Prasad Chaudhary ...Defendant
And
Premlata Mukund Choudhary & Ors. ...Applicants
Appearance :
Adv. Gharat for Plaintiff.
Adv Taral for defendant.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 21/07/2022.
ORDER
Present Chamber Summons is taken out by the
plaintiff seeking condonation of delay in taking LR’s of deceased
plaintiff on record and further permission to amend the plaint
accordingly.
2. Perused the Chamber Summons and affidavit filed in
its support. Heard Ld Adv. Gharat for plaintiff. He submits that
after the death of original plaintiff on 15/09/2018, his wife
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namely Premlata has suffered serious ailment. The proposed
plaintiffs were busy in taking her care. Therefore, they could not
be brought on record within time stipulated by law. He also
submits that after the death of the original plaintiff, the LR’s did
not intimate him any time and therefore, the delay has occurred.
He further submits that delay is neither intentional nor deliberate.
The cause of action survives and hence the LRs be permitted to
take on record.
3. Ld.Adv Talal for the defendant has objected the
present chamber summons by filing detailed reply. He submits that
the plaintiff has not placed on record any documents to support
the contention of ailment of Premlata. He also submits that
plaintiff has not annexed the schedule showing the details of
amendment. Suit is already abated long back. There is a huge
delay and therefore chambers summons be dismissed.
4. Admittedly, plaintiff is expired during the pendencey
of the suit on 15/09/2018. The present chamber summons is
moved on 13/08/2019. The abatement takes effect after expiry of
90 days. As such the suit is automatically abated. However,
admittedly cause of action survives and therefore it would be just
and proper to allow the plaintiff to bring the LR’s on record.
5. There is an enormous delay of 300 days. The reasons
for delay put forth by the plaintiff are not much convincing.
However, in the interest of justice and for adjudication on merit, I
find it proper to allow the Chamber Summons subject to
reasonable cost so as to compensate the delay.
6. Adv.Taral for defendant submits that cost of Rs.1000/-
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may be imposed. I find that the said submission is just and
reasonable . Hence, I proceed to pass following order.
ORDER
1. Chamber Summons No.1629/2019 is hereby allowed in
terms of prayer clause (a) subject to payment of cost of
Rs.1,000/- (Rupees One Thousand only). Cost payable to
the defendant.
2. Amendment be carried out within 14 days and amended
plaint be filed in the court thereafter.
3. Chamber Summons No.1629/2019 is disposed of
accordingly.
Date- 21/07/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
Dictated on : 21/07/2022
Transcribed on : 22/07/2022
Signed on : 22/07/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
26/07/2022 Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
21/07/2022
JUDGMENT/ORDER signed by P. O. on 22/07/2022
JUDGMENT/ORDER uploaded on 26/07/2022
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