Full Order Text
Final Order 1 · 30 Nov 2019 · CNR MHCC010117292019
Order Details: Chamber summons Pdf Text: CS 2062-2019 in S.C. Suit no. 1481-17 1 Date : 30.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 2062 OF 2019 IN S.C. SUIT NO. 1481 OF 2017 (CNR NO.MHCC010117292019 ) Mr. Abdul Hai S/o. A. Khalik Fitwalla (Since Deceased.) Mrs. Khatoon w/o. Abdul Hai Fitwalla .. Plaintiffs Versus Abdul Rab S/o. Abdul Hai Ansari & Anr. .. Defendants And Mrs. Zohra w/o. Abdul Kayyum Fitwalla & Ors. .. Respondents Appearances : Adv.M.A.Adenwala for plaintiff present. Adv.Bharat Punekar for defendant present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR No. : 7 Date : 30.11.2019 ORDER 1. The applicant filed instant Chamber Summons for bringing legal heirs of plaintiff no. 2 on record. 2. It is contended by the applicant that plaintiff no. 2 expired on 11.08.19 leaving behind the present applicants as his legal heirs. It is contended by the applicants that the application is -- 1 of 3 -- CS 2062-2019 in S.C. Suit no. 1481-17 2 Date : 30.11.2019 within limitation and right to sue is survive against defendants. Hence, applicants prayed for allowing the present Chamber Summons. 3. Heard Adv. for applicant. Perused Chamber Summons. The plaintiff no. 2 expired on 11.08.2019, whereas the Chamber Summons filed on 08.11.2019. Thus, the Chamber Summons is within limitation. Right to Sue is survive against defendants. Hence, in my view, Chamber Summons needs to be allowed in the interest of justice. ORDER 1. Chamber summons No. 2062 of 2019 is made absolute in terms of prayer clause(a) and (b). 2. Plaintiffs to carryout amendment as per schedule within 14 days from the date of order. 3. Chamber summons No.2062 of 2019 is disposed off accordingly. (A.H.Laddhad) Judge, City Civil and Sessions Court, Dated : 30.11.2019 Greater Bombay. Dictated on : 30.11.2019 Typed on : 30.11.2019 Draft Submitted on : 30.11.2019 Checked on : 04.12.2019 Signed on : 04.12.2019 -- 2 of 3 -- CS 2062-2019 in S.C. Suit no. 1481-17 3 Date : 30.11.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 04/02/2019 at 11.15 a.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.7) Date of Pronouncement of JUDGMENT/ ORDER 30/11/2019 JUDGMENT/ORDER signed by P.O. on 04/12/2019 JUDGMENT/ORDER uploaded on 04/12/2019 -- 3 of 3 --