Final Order 1

Order Details: Other
Pdf Text: CS 1872 of 2019 1 Dt. 11/08/2021
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1872 OF 2019
IN
S.C.SUIT NO. 2763 OF 2012
CNR NO. MHCC010105992021
Rupnarayan R. Sarda ...Plaintiff.
V/s.
Dindayal R. Sarda and Anr. ...Defendants
APPEARANCES:
Adv. Anita Bakhtwani for plaintiff.
Adv. Kavita A. Shah for Defendant No. 2.
CORAM : HHJ SHRI A.H.LADDHAD
DATE : 11/08/2021
(C.R.NO.3)
ORDER
1. The plaintiff has filed instant Chamber Summon for
condoning the delay and issuance of writ of summons to newly
added defendants No. 1(a) to 1(g). It is contended that due to
inadvertence the plaintiff could not take steps for writ of summons
upon them.
2. The Chamber Summon is opposed by the defendant No. 2 on
the ground that the plaintiff stated false reasons to condone the
delay. Hence, the Chamber Summon should not be allowed.
3. Heard both the sides. Perused chamber summon and reply.
Admittedly, legal heirs of deceased Defendant. No. 1 were allowed
to be brought on record. The reasons assigned although not
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CS 1872 of 2019 2 Dt. 11/08/2021
appearing to be convincing but fact remains the same that the
legal heirs of Defendant. No. 1 is allowed to be brought on record.
So, in order to grant opportunity to defend the suit in my view, the
present chamber summon need to be allowed without going into
technicalities. The inconvenience caused to the Defendant. No. 2
can be compensated by awarding reasonable cost. Thus I proceed
to pass the following order:
ORDER
1. Chamber Summons No. 1872 of 2019 is hereby allowed in
terms of prayer clause (a) subject to payment of Rs. 1000/ to
Defendant No. 2.
2. Plaintiff to serve newly added defendant No. 1(a) to 1(g)
within a period of 8 weeks from the date of order.
3. In view of the above, Chamber Summons No. 1872 of 2019
is disposed of.
(A.H.LADDHAD)
DATE: 11/08/2021 ADDITIONAL SESSIONS JUDGE
GRATER MUMBAI
Dictated on : 11/08/2021
Transcribed on : 11/08/2021
Draft submitted on : 11/08/2021
Checked on : 12/08/2021
Signed on : 12/08/2021
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CS 1872 of 2019 3 Dt. 11/08/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
12/08/2021 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.56)
Date of Pronouncement of
JUDGMENT/ ORDER
11/08/2021
JUDGMENT/ORDER signed by
P.O. on
12/08/2021
JUDGMENT/ORDER uploaded
on
12/08/2021
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