Final Order 1

Order Details: Chamber summons
Pdf Text: .1. CH/S. No. 2205/2019 in
L.C. Suit No. 1141/2017.
MHCC010128932019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2205 OF 2019.
IN
L.C. SUIT NO. 1141 OF 2017.
Ramchand Kawarbhan Chhabra……....………... …. PLAINTIFF.
V/s.
M.C.G.M ....……………………………………….
And
Inderraj Ramchandra Chhabra and Another. ….
.…
….
DEFENDANT.
APPLICANTS.
CORAM : Shri. A.G. Santani.
(Court Room No.11).
DATED : 7th April, 2022.
APPEARANCES :
Mr. C.B. Yadav, Ld. Advocate for the Applicants.
Mrs. Jyoti V. Mhatre, Ld. Advocate for the Defendant.
01. The applicants have taken out the this Chamber Summons
(‘Ch/s.’ for short) for the condonation of delay of 14 days in preferring
this Ch/s., for permission to get substituted their names as the L.Rs. of
late plaintiff and to carry out such consequential amendments. Perused
the Ch/s., accompanying affidavit of applicant No.1 (a), and say of the
defendant. Heard both the sides.
02. Considering the record, the points for determination, along-
with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the applicants are entitled to
be substitute at the L.Rs. of deceased
plaintiff in the cause titled of plaint ?... .....Yes.
(ii). What Order ? .............…....................... …. As per final Order.
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.2. CH/S. No. 2205/2019 in
L.C. Suit No. 1141/2017.
REASONS FOR FINDINGS
AS TO POINT NO.1 :
03. By filing this Ch/s., the applicants came with a specific case
that on 15.08.2019, the plaintiff died at Mumbai, leaving behind them
as his L.Rs.. His last rights and rituals were performed at native place.
Later on, as they were in depression for sometime, they couldn't contact
to their advocate and to attend this matter. Hence, on 27.11.2019, they
approached to him and furnished death certificate of late plaintiff along
with the other details. As such, due to personal difficulty, they could not
timely prefer this Ch/s. for their substitution and there has been delay
of 14 days. It was not intentional and it may be condoned by permitting
them to substantiate themselves in the cause title of plaint. Along-with
this Ch/s., they filed the copy of death certificate of late plaintiff.
04. Having considered the record, at the out-set, it is pertinent
to note that by filing this suit, initially, the plaintiff prayed for relief of
declaration that threats of demolition and dismantle of temporary rainy
shed on the suit premises, given by the defendant on 23.05.2017, are
illegal. He also prayed for direction against the defendant to decide his
applications dtd. 16.05.2017 and 23.05.2017, etc.. Needless to say that
even after him demise, right to sue survived in favour of the applicants
being his only L.Rs.. Moreover, the suit is still at initial stage and due to
delay on their behalf to prefer this Ch/s., no substantial rights could be
accrued in favour of the defendant. In these circumstances, I am of the
opinion that to have the full-fledged trial on merits, the Ch/s. deserves
to be allowed. Therefore, I answered point No. 1 in the affirmative and
in answer to point No. 2, I pass the following Order :
-: O R D E R :-
(i). Chamber Summons No. 2205/2019 is made absolute in
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.3. CH/S. No. 2205/2019 in
L.C. Suit No. 1141/2017.
terms of prayer Clause (a), (b) and (c).
(ii). The applicants are called upon to carry out the proposed
amendment/ their substitution in the cause of the plaint
within two weeks from passing of this Order. The applicant
are further called upon to file amended copy of the plaint
on the record, by ensuring its due service on the defendant,
within the period of two weeks thereafter. .
(iii). Costs to follow the event.
(iv). Chamber Summons No.2205/2019, accordingly, stands
disposed off.
Sd/-
{A.G. Santani}
Mumbai. Ad-hoc Judge,
Dated : 07.04.2022. City Civil Court, Mumbai.
Dictated on : 07.04.2022.
Transcribed on : 07.04.2022.
Signed on : 07.04.2022.
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.4. CH/S. No. 2205/2019 in
L.C. Suit No. 1141/2017.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT /ORDER”
On 07.04.2022. at 3.00 p.m. Mrs. S.R.Mejari
UPLOADED DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.) H.H.J. A.G. Santani
C.R. No.11
Date of Pronouncement of
Judgment/Order
07.04.2022.
Judgment /Order signed by P.O. on 07.04.2022.
Judgment/Order uploaded on 07.04.2022.
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