Final Order 2

Order Details: Chamber summons
Pdf Text: CNR NO: MHCC01-010813-2019. .1. CH/S No. 1910/2019 in
L.C. Suit No. 1827/2009.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1910 OF 2019
IN
L.C. SUIT NO. 1827 OF 2009.
Mehmooda Khatoon Wd/o. Haji Mohd. Islam.... … PLAINTIFF.
V/s.
M.C.G.M. ....……………………………….…….. …. DEFENDANT.
Smt. Rashida W/o. Mohd. Rafique Khan………. .... APPLICANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 22nd August, 2023.
APPEARANCES :
Mr. Asit Singh, Ld. Advocate for the Plaintiff/Applicant.
Mr. G.O. Giri, Ld. Advocate for the Defendant/MCGM.
01. The applicant has taken out this Chamber Summons (for
the short ‘the Ch/s.’), for her addition as the legal representative (‘LR.’)
of the deceased plaintiff in the plaint. Perused the Ch/s., her supporting
affidavit, say of the defendant and the Death Certificate of late plaintiff.
Also gone through photocopies of the applicant's Birth certificate, Adhar
Card and Ration Card, filed at list of documents (Exhibit 31) in view of
the Hon'ble High Court Order dtd. 28.04.2023, in Civil Writ Petition No.
14566/2022.
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 is entitled to be
substituted as legal representative of
the deceased plaintiff ?……………... .....Yes.
(ii). What Order ? .............…....................... …. As per final Order.
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CNR NO: MHCC01-010813-2019. .2. CH/S No. 1910/2019 in
L.C. Suit No. 1827/2009.
-: REASONS FOR THE FINDINGS :-
AS TO POINT NO. 1 :
03. By filing this Ch/s., the applicant came with a specific case
that during pendency of this suit, the original plaintiff Mrs. Mehmooda
i.e. her mother, died on 25.07.2019. Further, even on her demise, right
to sue survived in her favour and therefore, she should be substituted as
her LR. in the plaint. Earlier, on 12.05.2022, this Ch/s. dismissed by this
Court, holding that she could not substantiate her relationship with the
late plaintiff. Being aggrieved, she filed a Civil Writ Petition No.14566 of
2022. While disposing of the same, on 28.04.2023, Hon’ble High Court
pleased to remand back this Ch/s. for its fresh consideration, in view of
the applicant's Birth certificate, submitted in the said proceeding before
the Hon’ble High Court. Accordingly, now, she filed photocopies of Birth
certificate, as per the list vide Exhibit 31. This certificate bears name of
late plaintiff as 'her mother'. Thus, it is clear that she is her LR.. Rather,
it was the only 'discrepancy' in the present Ch/s., which she, now, cured
though before the Hon'ble High Court. In the circumstances, I am of the
view that name of the applicant, being LR. of deceased plaintiff, is to be
substituted in this plaint. Hence, I answer point No.1 in the affirmative
and in the answer to point No. 2, I pass the following Order;
-: O R D E R :-
(i). Chamber Summons No. 1910/2019 is made absolute in
terms of Clause (a) only.
(ii). The applicant is called upon to carry out the proposed
amendment/substitution in the cause title of the plaint,
positively till the next date, and to file copy of amended
plaint simultaneously.
(iii). Chamber Summons No.1910/2019 is, accordingly,
disposed of.
{A.G. Santani}
Mumbai. Judge,
Dated : 22.08.2023. City Civil Court, Mumbai.
Dictated on : 22.08.2023.
Typed on : 28.08.2023.
Checked and Signed on : 29.08.2023.
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CNR NO: MHCC01-010813-2019. .3. CH/S No. 1910/2019 in
L.C. Suit No. 1827/2009.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
29.08.2023 at 12.55 p.m.
Name of the Stenographer
Mrs. S.R.Mejari
Name of the Judge (with Court Room No.) HHJ Shri A.G.Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 22.08.2023.
Judgment/Order signed by P.O. on 28.08.2023.
Judgment/Order uploaded on 29.08.2023.
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