Final Order 1

Order Details: Chamber summons
Pdf Text: CS 1810-2019 in Suit no. 7864-98
1 Date :29.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 1810 OF 2019
IN
SUIT NO. 7864 OF 1998
(CNR NO.MHCC01-010304-2019)
Smt. Anuradha Ashok Sharma .. Plaintiff
Versus
Shri. Anand Prakash Kohli (deceased) & Anr. .. Defendants
And
Smt. Renuka wd/o Anand Prakash Kohli & Ors. .. Respondents
Appearances :-
Ld. Adv.Kevin Gala for plaintiff present.
None for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 29.11.2019
ORDER
1. The plaintiff has filed instant Chamber Summons for
bringing legal representatives of defendant no. 1 on record and to
carry out necessary amendment as per schedule.
2. It is contended by the plaintiff that she has received the
official intimation of death of defendant no. 1 through his
advocate vide, letter dated 27.07.2019, containing the names of
legal representatives of the deceased. Hence, plaintiff prayed for
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CS 1810-2019 in Suit no. 7864-98
2 Date :29.11.2019
allowing the present Chamber Summons and seeking permission
to carry out necessary amendment.
3. None appeared for the defendants. I have perused Chamber
Summons as well as letter dated 27.07.2019 issued by defendant’s
advocate, whereby, he has given the names of legal representatives
of defendant no. 1. In my view, the limitation would start from
the date of 27.07.20019. Thus, the application is within
limitation. As the right to sue survive against the defendant,
therefore, in my view, Chamber Summons needs to be allowed in
the interest of justice. Thus, I proceed to pass the following
order :
ORDER
1. Chamber Summons No.1810 of 2019 is made absolute in
terms of prayer clause(a).
2. Plaintiff to carryout amendment as per schedule within 14
days from the date of order.
3. Chamber Summons No. 1810 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 29.11.2019 Greater Bombay.
Dictated on : 30.11.2019
Typed on : 30.11.2019
Draft Submitted on : 30.11.2019
Checked on : 02.12.2019
Signed on : 02.12.2019
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CS 1810-2019 in Suit no. 7864-98
3 Date :29.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/12/2019 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
30/11/2019
JUDGMENT/ORDER signed by P.O.
on
02/12/2019
JUDGMENT/ORDER uploaded on 02/12/2019
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