Final Order 1

Order Details: Chamber summons
Pdf Text: L.C. Suit No.2590/2015 Ch/Summs. No.2301/2019
MHCC010133492019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.2301 OF 2019
(CNR NO.MHCC01-013349-2019)
IN
L.C. SUIT NO.2590 OF 2015
Daryus Soley Panthakey ….Plaintiff.
V/s.
Prakash J. Mehta & Ors. ...Defendants.
Appearance :
Advocate Anjali Trivedi for the plaintiff.
Advocate Bibhishan Sutar for defendant No.3/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
(COURT ROOM NO.06)
DATE : 12th FEBRUARY, 2026.
ORDER
By this Chamber Summons, the plaintiff has prayed for permitting
her to amend the plaint as per the ‘Schedule’ annexed in the Chamber
Summons.
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L.C. Suit No.2590/2015 Ch/Summs. No.2301/2019
2. It is submitted by the plaintiff that the present Chamber
Summons is taken out for substituting defendant No.2; as said Partner
of defendant No.2 has expired. The plaintiff came to know about the
death of Mr. Chetan Shah, partner of defendant No.2 on 19.09.2019
when the advocate for the plaintiff received the copy of the Chamber
Summons from advocate of defendant No.4 for substituting name of the
Partner of defendant No.2 in other Suit. The proposed substitution of
the partners is necessary for the proper decision of this case. Hence,
delay in taking out this Chamber Summons be condoned and Chamber
Summons be made absolute.
3. Defendant No.3 / Corporation has filed say and opposed the
Chamber Summons by submitting that no documentary evidence has
been filed to show that the persons mentioned in Schedule are Partners
of defendant No.2. No partnership Deed is produced to support the
averments made in Chamber Summons. Further, according to the
plaintiff Mr. Chetan Mehta expired on 18.12.2017 and Chamber
Summons is filed on 09.12.2019 after 02 years which is beyond the
period of limitation. No sufficient cause has been stated by the plaintiff
as to why Chamber Summons is not filed within time. Thus, prayed for
dismissal of the Chamber Summons.
4. Heard parties.
5. The affidavit in support of the Chamber Summons is clearly
having mention that the plaintiff came to know about the death of Mr.
Ketan Shah on 19.09.2019 and the present Chamber Summons taken
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L.C. Suit No.2590/2015 Ch/Summs. No.2301/2019
out by the plaintiff on 09.12.2019. As per the provision of Order 22 (10-
A) of the Code of Civil Procedure (CPC), it is the duty of pleader to
communicate to Court about death of a party. As per the affidavit of the
plaintiff, the names of partners were communicated to him by the
advocate of the defendant No.4. Hence, I do not find any substance in
the objection of the Corporation that not filing Chamber Summons in
time. The plaintiff after having knowledge about the death of the
partner of defendant No.2 has filed present Chamber Summons within
period of limitation. Hence, I pass following order :
ORDER
1. The Chamber Summons No.2301 of 2019 is allowed in terms of
prayer clause (a).
2. The plaintiff is directed to carry out necessary amendment on or
before next date.
3. Proceeding in the Chamber Summons No.2301 of 2019 is closed.
4. Parties to take note.
(PRASHANT C. KALE)
Judge, City Civil Court,
Greater Bombay.
Date: 12.02.2026
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L.C. Suit No.2590/2015 Ch/Summs. No.2301/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21.02.2026 at 12.15 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. PRASHANT C. KALE
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
12.02.2026
Judgment/Order signed by P.O. on 21.02.2026
Judgment/Order uploaded on 21.02.2026
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