Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1690/2019 ..1.. S.C. Suit No.392/2015
CNR No.MHCC01-009530-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1690 OF 2019
IN
S.C. SUIT NO.392 OF 2015
Shyamsunder S/o. Bhagwandas Mukhi
@ Shyamsundar and one. .. Plaintifs
Versus
Associated Traders and Eng. Pvt. Ltd. and one... Defendants
Advocates
Sapna Nath for plaintifs.
Kapadia for defendant No.1.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 21st February, 2020
ORAL ORDER
Chamber summons is taken out on behalf of plaintifs to
bring legal heirs/representatives of defendant No.2 on record
as per schedule annexed with chamber summons.
2. Legal heirs of defendant no.2 remained absent inspite
of due service of chamber summons. Advocate for defendant
no.1 orally stated before the Court that he has no objection to
make chamber summons absolute.
3. Plaintifs had fled separate chamber summons no.1701
of 2019 for condonation of delay in bringing legal heirs of
defendant no.2 on record and setting aside abatement order
passed against defendant no.2 on 19.06.2019. Said chamber
summons is made absolute today itself in terms of prayer
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CS No.1690/2019 ..2.. S.C. Suit No.392/2015
clause (a). Present chamber summons is for bringing legal
heirs of defendant no.2 on record as per scheduled annexed
with chamber summons. Prayer in the present chamber
summons is supplementary to chamber summons no. 1701 of
2019 fled on behalf of plaintifs. Considering the nature of suit
and due to death of defendant no.2, cause of action survives
to his legal heirs. Hence legal heirs of defendant no.2 needs to
be brought on record in the interest of justice and to decide
real controversies between the parties. Under the facts and
circumstances of the case, chamber summons deserves to be
allowed in terms of prayer clause (a), (c) and (d). Hence,
following order:
ORDER
1. Chamber Summons No.1690 of 2019 is allowed and
made absolute in terms of prayer clauses (a), (c) and
(d).
2. Accordingly, chamber summons is disposed of.
(Sunil T. Soor)
Judge
Date : 21.02.2020 Gr. Mumbai.
Typed on : 21.02.2020
HHJ signed on : 21.02.2020
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CS No.1690/2019 ..3.. S.C. Suit No.392/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
21.02.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
21.02.2020
JUDGMENT/ORDER signed by
P.O. on
21.02.2020
JUDGMENT/ORDER uploaded on 21.02.2020
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