Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 2140-19 In S.C.Suit No. 6072- 2006
H.C.Suit No. 793 of 2006.
1 Date 03.01.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.2140 of 2019
IN
S.C. SUIT NO. 6072 of 2006
(H.C. SUIT NO. 793 OF 2006)
(CNR NO.MHCC01 0124182019)
Mr. Jerome Joseph D’Souza ...Deleted since deceased
Emil Jerome D’Souza & Ors. .. Plaintiffs.
Versus
Mr. Narvadaprasad S. Mishra & Ors. .. Defendants
Appearances :
CA of plaintiff.
Adv. Ashish Singh for defendant no.1,2 and 6 to 11.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge.
C.R. No. : 7
Dated : 03.01.2020
ORDER
1. The C.A. of original plaintiff has filed instant Chamber
Summons for deleting the name of plaintiff no. 1(a) from the
cause title as he has been expired and to condone 1 year 7 months
and 5 days delay in filing instant Chamber Summons.
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Chamber Summons 2140-19 In S.C.Suit No. 6072- 2006
H.C.Suit No. 793 of 2006.
2 Date 03.01.2020
2. It is contended by the C.A. of plaintiff that the original
plaintiff expired on 18.03.2018 leaving behind the present
applicants as legal heirs. During pendency of the suit, the plaintiff
no. 1(a) has expired in the month of September 2018. The
previous Advocate assured the applicants that he will take
appropriate steps and whenever their presence is required he will
inform them. However, the earlier advocate failed to take any
appropriate steps. Therefore, the applicants appointed new lawyer
and as per the instructions of present lawyer, they have filed
instant application.
3. The Chamber Summons is opposed by the defendants on the
ground that there is inordinate delay in filing Chamber Summons.
Heard both the sides. Persued Chamber Summons. The reason
assigned by the applicant is the failure of earlier advocate to take
appropriate steps in the matter. In my view, the reasons are
sufficient to condone the delay and allow the present application.
No prejudice would cause to the defendant if, the present chamber
summons would be allowed. Hence, I proceed to pass the
following order :
ORDER
1. Chamber Summons No. 2140 of 2019 is made absolute in
terms of prayer clause (a),(b) and (c).
2. Plaintiff to carryout necessary amendments as per schedule
within 14 days from the date of order.
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Chamber Summons 2140-19 In S.C.Suit No. 6072- 2006
H.C.Suit No. 793 of 2006.
3 Date 03.01.2020
3. Plaintiff to bear cost of Chamber Summons.
4. Chamber Summons No. 2140 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Judge
City Civil & Sessions Court
Dated : 03.01.2020 Gr. Bombay.
Dictated on : 03.01.2020
Transcribed on : 03.01.2020
Draft submitted on : 03.01.2020
Checked on : 06.01.2020
Signed on : 06.01.2020
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Chamber Summons 2140-19 In S.C.Suit No. 6072- 2006
H.C.Suit No. 793 of 2006.
4 Date 03.01.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07/01/2020 at 12.00 noon (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
03/01/2020
JUDGMENT/ORDER signed by
P.O. on
06/01/2020
JUDGMENT/ORDER uploaded
on
07/01/2020
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