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CHAMBER SUMMONS

Mr. Clarry Gasper Rodrigues +1 moreVsMr. Thomas Sebastian Gomes +2 more

CNR MHCC0101111420198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 01st July 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101941/2019
Registration Date
04 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-12-2019
    Business: Adv. Pathak  for Plaintiff is present. He tenanted register Ch/S a/w affidavit in support Ch/S No.1941/19.
    Adv. Shukla h/f Adv. Sakpal   for defendant no.1 and 2 is present. Seeks time for reply. O granted.
    Matter is adjd. for  Ch/s reply to 30/01/2020 .
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Business: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None  For the plaintiff.
    None For the deft.
    Matter is adjd. to  05.03.2021 for reply to CS.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Mr. Rahul Singh for the plaintiff.
    None for defendants
    Matter is adjd. to 21/04/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Nadim Malik for the plaintiff present.
    None for defendants.
    All defendants have failed to file reply to Ch/s No.1941/2019. Hence, the Ch/s No.1941/2019 to proceed without reply against defendants.
    Matter is adjd. to 08/09/2021 for Ch/s No.1941/2019 hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 17-08-2021
    Business: Adv. Nadim Malik for the plaintiff present.
    None for defendants.
    All defendants have failed to file reply to Ch/s No.1941/2019. Hence, the Ch/s No.1941/2019 to proceed without reply against defendants.
    Matter is adjd. to 08/09/2021 for Ch/s No.1941/2019 hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.,
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 05.01.2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Court is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv Sarika Tripathi for plaintiff present and files V/P on record with no objection of earlier advocate. TOR.
    None for defendants.
    Plaintiff is directed to file service affidavit to Ch/s.
    Matter is adjd. to 29-04-2022 for Ch/s hearing and compliance.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: Adv. Sangram Yadav present for plaintiff and sought adjournment.
    None present for defendant.
    KB
    Matter adjourned for compliance and Ch/S Hearing to 01.07.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: None present for plaintiff.
    None present for defendant.
    As plaintiff and his adv.are absent.
    Matter adjourned for dismissal order to 29.07.2022.
    Lo at 3.40 p.m.
    Adv. Sangram Yadav for plaintiff is present.
    Proposed plaintiff no.1(a) is present.
    Heard argument of Ld. Adv.for plaintiff and proposed plaintiff on CH/S no. 1941/19. As defendant were absent, they could not be heard. Following order is passed on CH/S No. 1941/19-
                            Order below CH/S No.1941/19
    Perused the chamber summons affidavit in support of chamber summons and record. Heard Ld. Adv.for plaintiff and proposed plaintiff.
    From the copy of death certificate annexed with affidavit in support of chamber summons it appears that plaintiff no.1 expired on 13.05.2019. The proposed plaintiff no.1 (a) is present in the Court and he has submitted that chamber summons may be allowed and he and proposed plaintiff no. 1(b) are the LR\''s of deceased plaintiff. Right to sue survive in favour of proposed plaintiff. The proposed plaintiff have no objection for condonation of delay also. By the present amendment the plaintiff want to bring on record LR\''s of deceased plaintiff no.1. The proposed amendment is necessary and no prejudice is likely to be caused to the defendants. Therefore, considering the matter on record present chamber summons deserves to be made absolute. Hence, Court proceed to pass the following order.
                                             ORDER
    1. Chamber Summons No. 1941/2019 is made absolute.
    2. Plaintiff shall carry out amendment as per schedule within fourteen days from the date of this order.
    Nature Of Disposal: ALLOWED
    Disposal Date: 01-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111878/2019
    Filing Date: 04-11-2019
    First Hearing Date: 20th December 2019
    Decision Date: 01st July 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Jul 2022

    Order Details: Chamber summons Pdf Text: Daily Status IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0101941/2019 1.Mr. Clarry Gasper Rodrigues 2.Mrs. Sarah Clarry Rodrigues Vs 1.Mr. Thomas Sebastian Gomes 2.The State of Maharashtra 3.The Joint Sub Registrar of Assurances Date : 01-07-2022 Business : None present for plaintiff. None present for defendant. As plaintiff and his adv.are absent. Matter adjourned for dismissal order to 29.07.2022. Lo at 3.40 p.m. Adv. Sangram Yadav for plaintiff is…

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