Final Order 2

Order Details: Chamber summons
Pdf Text: 1 CS No.201119 SU 256510
MHCC010114072019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2011 OF 2019
IN
SUIT NO.2565 OF 2010
Smt. Jijabai Wd/o Ganpat Jagtap & Others ] ...Plaintiffs.
Versus
Sakhubai Laxman Jagtap & Others ]…Defendants.
Appearance:
Ld. Advocate Manal for the plaintiff.
Ld. Advocate Jamkhandi for defendant No.2.
Ld. Advocate Trivedi for Defendant No.8.
Ld. Advocate Chandramore for Defendant No.9/MCGM.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 7/12/2022
ORAL ORDER
1) Present chamber summons is taken out by plaintiffs for allowing
them to amend the plaint as per schedule.
2) Perused the chamber summons, affidavit in support of chamber
summons and record. Heard arguments of Ld. Advocate for
plaintiff and Ld. Advocate for defendant No.2, 7 and 8. As other
defendants and proposed defendants were absent, they could
not be heard.
-- 1 of 4 --
2 CS No.201119 SU 256510
3) From the affidavit in support of chamber summons and
documents filed therewith it appears that defendant No.4
expired on 2/8/18. From the affidavit in support of chamber
summons the proposed defendants appears to be heirs and legal
representatives of deceased defendant No.4 and right to sue
survive against them. From the affidavit in support of chamber
summons and record it appears that advocate for defendant
No.4 had not informed about the fact of death of defendant
No.4 as per procedure and plaintiff got knowledge of death of
defendant No.4 and copy of death certificate after expiry of 90
days from the date of death of defendant No.4. From the record
it appears that son of defendant No.4 had tendered copy of
death certificate on 12/2/19. From the matter on record there
appear sufficient cause for delay in filing chamber summons.
Proposed amendment appears necessary for deciding real
controversy in the suit and for avoiding further complications.
No prejudice will be caused to the defendants and proposed
defendants.
4) Considering the matter on record and above discussion present
chamber summons deserves to be made absolute. Hence, court
proceeds to pass following order:
ORDER
1) Chamber summons No.2011 of 2019 is made absolute.
2) Plaintiff shall carryout the amendment as per schedule within
14 days from the date of this order.
-- 2 of 4 --
3 CS No.201119 SU 256510
3) Chamber summons No.2011 of 2019 is disposed off accordingly.
Date : 7/12/2022
(Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on : 7/12/2022.
Typed on:9/12/2022.
Draft received on:15/12/2022.
Checked on :15/12/2022.
Corrected & Signed on :16/12/2022.
-- 3 of 4 --
4 CS No.201119 SU 256510
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/12/2022. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
7/12/2022.
JUDGMENT/ORDER signed by P.O.
on
16/12/2022.
JUDGMENT/ORDER uploaded on 17/12/2022.
-- 4 of 4 --