Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 2277/2019
in Com. Suit 139/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2277 OF 2019
IN
COMMERCIAL SUIT NO. 139 OF 2019
CNR NO. : MHCC01-013206-2019
Smt. Urmila W/o. Jaiprakash Mishra …Plaintif
Vs.
Shri. Gangadharan G. Pujari … Defendant
And
1. Shakuntala Pujari W/o. Gangadharan Pujari
2. Manoj Pujari S/o Gangadharan Pujari
3. Mahesh Pujari S/o. Gangadharan Pujari
4. Vishal Pujari S/o. Gangadharan Pujari … Proposed
Defendants
Appearance:
Mr. Akhilesh Singh, advocate for the plaintif.
CORAM :SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 17/02/2020
ORAL ORDER
1. The chamber summons is fled by the the plaintif to
bring legal heirs of defendant. The chamber summons is
supported by afdavit of Jaiprakash P. Mishra, Constituted
Attorney of the plaintif stating that the defendant no. 1 is
expired on 17.11.2019. The suit is fled for recovery of
Rs. 25,00,000/-. The legal heirs are necessary parties. Hence,
prayed to bring on record the legal heirs of deceased
defendant.
2. The death certifcate is not fled by the plaintif. The
plaintif fled afdavit of Shri. Jaiprakash Mishra, the
Constituted Attorney of the plaintif. He on oath has stated that
he attended the condolence of deceased defendant at Kerala.
He tried to obtain the death certifcate, but could not get it.
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2 Order in Ch/s 2277/2019
in Com. Suit 139/2019
3. The notice of chamber summons was issued to the legal
heirs of the defendant. The afdavit of service is fled. It shows
that the legal heirs of defendant are served with the notice of
the chamber summons. They failed to fle their appearance.
Hence, the chamber summons is decided ex-parte against the
applicants i.e. legal heirs of the defendants.
4. The legal heirs of the defendant are necessary parties.
The suit is for recovery. Their presence for the decision of the
suit is required. Hence, on the basis of the afdavit of the
plaintif’s Constituted Attorney, who on oath has stated that
the defendant expired and he had been to Kerala for his
condolence is accepted. Advocate for plaintif stated that there
is envelope of writ of summons sent to the defendant, which
came with endorsement “addressee deceased”.
5. The legal heirs of deceased are to be brought on record.
They are necessary parties for decision of the suit. Hence, pass
following order :-
ORDER
1. The chamber summons no. 2277 of 2019
is allowed in terms of prayer clause ‘a’.
2. The plaintif to carry out necessary
amendment within the period of
limitation.
3. Accordingly, chamber summon is disposed
of.
(Smt. S.S. Nagur)
Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 17/02/2020
Transcribed on : 21/02/2020
Sign on : 21/02/2020
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3 Order in Ch/s 2277/2019
in Com. Suit 139/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/02/2020 12.30 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of Judgment/
Order.
17/02/2020
Judgment/order signed by P.O on 21/02/2020
Judgment/order uploaded on 24/02/2020
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