Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010129162019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.2224 OF 2019
IN
SHORT CAUSE SUIT NO. 2433 OF 2014
1) Mr. Dyandev Gangaram Kadam & Ors. ... Plaintiffs
V/s.
1) Mr. Balkrishna Ganpat Kadam & Ors. … Defendants
AND
1) Mr. Shivaji Balkrishna Kadam
2) Mr. Tanaji Balkrishna Kadam
3) Mrs. Nita Shelar @ Mau D/o.Balkrishna Kadam ...Respondents
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 23/02/2022
Adv. Mr.M.H. Shaikh for the plaintiffs
Adv.Mr. Gajanan Shinde for the defendant nos.1 and 2
Adv. Ms. Deepali Patil for the BMC.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiffs to
amend the plaint by deleting the name of the defendant no.1 and
substituted, the respondents as a defendants 1(a) to 1(c) in its place as
a legal heirs and set aside the abatement of the suit.
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2. Perused the Chamber Summons and reply of the
defendants. Heard advocates for the parties at the length.
3. It is contended by the plaintiffs that the defendant No.1
died on 03.07.2019 at Village Shingri, TalukaKhed, District Ratnagiri
and the respondents are legal heirs of the deceased defendant No.1 as a
sons and daughter. Since the defendant No.1 died, it is necessary to
bring the legal heirs on record. It is contended by the plaintiffs that
after the death of the defendant No.1, defendant No.2 has not disclosed
the death of the defendant No.1 who is his father. Defendant No.2 also
admitted that the respondents are the sons and daughter i.e. legal heirs
of the defendant No.1, and as such there is a delay caused because of
not giving information by the defendant No.2 and therefore there is a
delay caused. Therefore, respondents being legal heirs of deceased
defendant no.1 be taken on record as defendants 1(a) to 1(c) by
condoning delay with permission to cause amendment in the plaint.
4. The reasons given by the plaintiffs for filing Chamber
summons to bring legal heirs of deceased defendant No.1 on record at
delayed stage is explained satisfactorily. Therefore, the delay caused to
bring legal heirs of deceased defendant No.1 on record has to be
condoned in the interest of justice.
5. If the nature of the amendment is seen, it is pertaining to
bringing legal heirs of deceased defendant No.1 on record. The
respondents being sons and daughter of the deceased defendant No.1
are entitled to be impleaded as the defendants 1(a) to 1(c) in the suit in
place of deceased defendant No.1. The proposed amendment will not
change the nature of the suit in any way and on the contrary it will help
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to decide the matter on merits. Hence, the proposed amendment
deserves to be allowed for causing amendment in the plaint. Hence, I
pass following order.
ORDER
1. The Chamber Summons No. 2224/2019 is allowed.
2. Abatement of the suit is set aside.
3. The delay caused for bringing legal heirs of deceased
defendant No.1 is condoned in the interest of justice.
4. The proposed amendment shall be carried out in the
plaint within 14 days from today.
5. The Chamber Summons No.2224/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :23/02/2022 City Civil Court, Gr.Mumbai.
Dictated on : 23/02/2022
Typed on : 23/02/2022
Signed on :
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4 Ch/s.2224/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
23/02/2022 05.30 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
23/02/2022
JUDGMENT/ORDER signed by
P.O.on
23/02/2022
JUDGMENT/ORDER uploaded on 23/02/2022
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