Final Order 1

Order Details: Chamber summons
Pdf Text: L.C. Suit No.2590/2015 Chamber Summons No.2302/2019
MHCC010133502019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.2302 OF 2019
(CNR NO.MHCC01-013350-2019)
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 Chamber Summons No.2302/2019
2. It is submitted by the plaintiff that the present Chamber
Summons is taken out for bringing heir and legal representative of the
defendant No.1 as he has expired. The plaintiff came to know about the
death of Mr. Prakash Jayantilal Mehta i.e. defendant No.1 on
14.11.2019 when the advocate for the plaintiff received the copy of the
Chamber Summons from advocate of defendant No.4 for bringing heir
and legal representative of defendant No.1 in other Suit. The proposed
LRs of defendant No.1 are necessary for the 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 the plaintiff has filed Chamber
Summons to delete name of defendant No.1 and add defendant No.1A
as heir and legal representative. Defendant No.1 expired on 23.05.2019
and Chamber Summons is filed on 09.12.2019 which is beyond the
period of limitation. No sufficient cause is stated by plaintiff for not
filing Chamber Summons in time. Further, there is no prayer for
condonation of delay in filing Chamber Summons. 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.
Prakash Jayantilal Mehta i.e. defendant No.1 on 14.11.2019 and the
present Chamber Summons taken out by the plaintiff on 09.12.2019. As
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L.C. Suit No.2590/2015 Chamber Summons No.2302/2019
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 name of defendant
No.1-A is communicated to him by the advocate of defendant No.4.
Hence, I do not find any substance in the objection of the Corporation.
The plaintiff after having knowledge about the death of defendant No.1
has filed present Chamber Summons within period of limitation. Hence,
I pass following order :
ORDER
1. The Chamber Summons No.2302 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.2302 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 Chamber Summons No.2302/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21.02.2026 at 12.20 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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