Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 1940-2019 in Suit no.2610-09
CNR NO.MHCC01-007311-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 1940 OF 2019
IN
L.C. SUIT NO. 2610 OF 2009
Mrs. Vandana Rajesh Jha ].....Plaintif
Versus
Municipal Corporation of Gr. Mumbai & Anr. ]....Defendants
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 12th February, 2020
Appearance:-
Ld. Adv. Mr. Aasish Singh for plaintif.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. Heard learned Advocate for the plaintif and learned
Advocate for the defendant corporation.
2. By this Chamber Summons the plaintif seeks to delete
the name of defendant No. 2.
It is contended that defendant no. 2 is dead on
10.08.2018. It is stated that no one from defendant No. 2 and
defendant No. 3 had informed about the death of the
defendant No. 2 to the plaintif.
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2 Ch.S. 1940-2019 in Suit no.2610-09
3. The chamber summons is opposed by the defendant
corporation.
4. It is contended that the defendant No. 3 is legal heir of
defendant No. 2. Accordingly, the plaintif had sought to
delete the name of defendant No. 2. The defendant No. 2 had
expired on 10.08.2018. The chamber summons seems to be
filed on 31.0..201..
Considering the fact that the plaintif was not aware
about the death of defendant No. 2. He could not takes steps.
It is the case of the plaintif that defendant no. 3 is the sole
heir of deceased defendant No.2, as the defendant No. 3 being
legal heir is already a party defendant.
In the interest of justices, chamber summons needs to
be allowed. In the result, following order is passed.
ORDER
1. Chamber Summons No. 1.40 of 201. is allowed.
2. The plaintif is permitted to delete the name of defendant
No. 2.
3. The plaintif to carry out the amendment in the plaint
within 14 days from the date of order.
4. Chamber Summons stands disposed of.
(Sanjay N. Yadav)
Judge,
Date: 12.02.2020 City Civil Court, Mumbai.
Dictated on : 12.02.2020
Transcribed on : 12.02.2020
Signed by HHJ on : 25.02.2020
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3 Ch.S. 1940-2019 in Suit no.2610-09
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.02.2020 at 11.05 a.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement
of JUDGMENT/ORDER
12.02.2020
JUDGMENT/ORDER signed
by P.O. on
25.02.2020
JUDGMENT/ORDER
uploaded on
25.02.2020
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