Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S. No. 1684/2019 in
L.C. Suit No. 1610/2017.
MHCC010094982019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO.1684 OF 2019.
IN
L.C. SUIT NO. 1610 OF 2017.
Ismail Piran Qureshi ......………………………... …. PLAINTIFF.
V/s.
M.C.G.M. +1 ….………………………………….
And
.… DEFENDANTS.
Rubab Bi Wd/o. Ismail Piran Qureshi………….. …. APPLICANT.
CORAM : Shri. A.G. Santani.
(Court Room No.11).
DATED : 06th June, 2022.
APPEARANCES :
Mr. Shailesh Pal, Ld. Advocate for the Plaintiff.
Adv. Sunil C. Khandagale, Ld. Advocate for the Defendants.
*****
01. The applicant, through her Constituted Attorney, has taken
out this Chamber Summons (for short ‘the Ch/s’.) for the condonation
of delay in filing the Ch/s., for amending the plaint in terms of Schedule
‘A’ and for carrying out the consequential amendments to the plaint.
Perused the Ch/s., his accompanying affidavit and the record. Also gone
through say of the defendants. Heard the Ld. Advocate for the
defendants. None is present for the plaintiff/ applicant to argue this
Ch/s.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under:
Sr. No. POINTS FINDINGS
(i). Whether the applicant, being the legal
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.2. CH/S. No. 1684/2019 in
L.C. Suit No. 1610/2017.
representative of the deceased plaintiff,
is entitled for her substitution in the
suit ?.....................................……...............Yes.
(ii). What Order ? .............…....................... …. As per final Order.
REASONS FOR THE FINDINGS
AS TO POINT NO.1 :
03. By filing this Ch/s., the applicant came with a specific case
that the original plaintiff Ismail Piran Qureshi died on 10.04.2018
leaving her as his only L.R.. Further, after his death, she became owner
of this suit property and therefore, her name is required to be
substituted in the plaint by deleting his name. Whereas, the defendants
submitted to orders of this Court on Ch/s..
04. Having considered the record, at the outset, it is worth to
be noted that by filing this suit, initially, the plaintiff assailed the notice
dtd. 28.04.2017, issued U/s. 351 of the M.M.C. Act, and Speaking
Order dtd. 06.05.2017 as against the suit premises. It seems that during
pendency of this suit, he died leaving his wife i.e. the applicant as his
only L.R.. Needless to say that considering nature of this suit, even after
his demise, right to sue the defendants survived in his favor and after
him, in favor of this applicant, being his L.R.. Consequently, the suit
would not be abated. Moreover, the suit is still at an initial stage and
the trial is yet to commence. In the circumstances, this Court is of the
opinion that to further the ends of justice, the applicant may be allowed
to substantiate herself, in the cause title of the plaint, as the L.R. of late
plaintiff. Hence, I answered point No. 1 in the affirmative and in answer
to point No. 2, I pass the following Order:
-: O R D E R :-
(i). Chamber Summons No.1684/2019 is made absolute
in terms of prayer Clause (a), (b) and (c) only.
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.3. CH/S. No. 1684/2019 in
L.C. Suit No. 1610/2017.
(ii) The applicant is called upon to comply with this
Order, henceforth within two weeks and to file
amended copy of the plaint on the record.
(iii) Costs to follow the event.
(iv). Chamber Summons No.1684/2019, accordingly,
stands disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 06.06.2022. City Civil Court, Mumbai.
Dictated on : 06.06.2022.
Transcribed on : 07.06.2022.
Signed on : 07.06.2022.
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.4. CH/S. No. 1684/2019 in
L.C. Suit No. 1610/2017.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 08.06.2022. at 12.30 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
06.06.2022
Judgment /Order signed by P.O. on 06.06.2022
Judgment/Order uploaded on 08.06.2022
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