Final Order 1

Order Details: Chamber summons
Pdf Text: CS 2106-2019 in Suit no. 7741-1998
H.C.Suit No. 894 of 1998 1 Date :29.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 2106 OF 2019
IN
SUIT NO. 7741 OF 1998
(H.C. SUIT NO. 894 OF 1998)
(CNR NO.MHCC010119112019 )
1. Dhansukhlal Jinvanlal Shah (deceased)
1(a) Smt. Manjula Dhansukhlal Shah (deceased)
1(b) Tushar Dhansukhlal Shah & Ors. .. Plaintiffs
Versus
Bhaskar Babulal Shah & Ors . .. Defendants
And
Mrs. Nayana Himanshu Shah & Ors. .. Respondents
Appearances :
Ld. Adv.Ms.Anita Trivedi for plaintiff present.
Ld. Adv.Hemant Mehta for defendant no.1 and 5 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 29.11.2019
ORDER
1. The plaintiffs have filed instant Chamber Summons for
bringing legal heirs of defendant no. 7 on record and to carry out
consequential amendment in the suit.
2. It is contended by the plaintiffs that defendant no. 7 expired
on 16.09.2019, leaving behind him the respondents as his legal
representative. It is contended by the plaintiffs that right to sue
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CS 2106-2019 in Suit no. 7741-1998
H.C.Suit No. 894 of 1998 2 Date :29.11.2019
survive against defendant no. 7. The Chamber Summons is within
limitation. Hence, plaintiffs prayed for allowing the Chamber
Summons.
3. The defendants formally opposed the application. Heard
both the sides. Perused Chamber Summons. The defendant no. 7
expired on 16.09.2019. The plaintiffs filed instant Chamber
Summons within 90 days. As the application is within time limit
and right to sue survive, hence, in my view, the Chamber
Summons need to be allowed. Thus, I proceed to pass the
following order.
ORDER
1. Chamber Summons No. 2106 of 2019 is made absolute in
terms of prayer clause(a).
2. Plaintiff to carryout amendment as per schedule within 14
days from the date of order.
3. Chamber Summons No. 2106 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 29.11.2019 Greater Bombay.
Dictated on : 30.11.2019
Typed on : 30.11.2019
Draft Submitted on : 30.11.2019
Checked on : 02.12.2019
Signed on : 02.12.2019
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CS 2106-2019 in Suit no. 7741-1998
H.C.Suit No. 894 of 1998 3 Date :29.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
02/12/2019 at 4.00 p.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
02/12/2019
JUDGMENT/ORDER uploaded on 02/12/2019
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