Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 2316/2019 in Suit 8204/1986
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2316 OF 2019
IN
S.C.SUIT NO. 8204 OF 1986
CNR NO. : MHCC010134332019
Mr. Brian Trevor Lobo and Ors …. Plaintiffs
Versus
Austin Lobo and Ors ….Defendants
Appearance:
Mr. S. J. Khera, Advocate for the plaintiff
None for the Defendants.
CORAM : SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.04)
DATE : 01/09/2021
ORAL ORDER
(Dictated in Open Court)
1) The chamber summons is filed by plaintiff against defendant No.
5 to 8, 9 (a) and 10 (a) to (i) to give inspection of original documents
therefore to and relied upon in the Written Statement dt. 16.02.2017 and
additional Written Statement dt. 07.06.2019 under Order XI Rule 18 of Code
of Civil Procedure, 1908. On failure to give inspection then the defendants be
directed to furnish inspection photocopies thereof failing which struck off
their defense in the Written Statement. The chamber summons is supported
by affidavit of plaintiff No. 2 Melville Aubrey Lobo. The plaintiff has stated
that the Honourable High Court by order dt. 20.11.1986 has passed the
following order :
“P.C. : Suit transferred to the list of Long Causes. Written Statement taken
on file/to be filed within 12 weeks from today. Affidavit of documents
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2 Order in Ch/s 2316/2019 in Suit 8204/1986
within 4 weeks thereafter. Inspection forthwith thereafter.”
The plaintiff has also referred the roznamas of the suit to show that time was
sought by Advocate for defendant to give inspection of these documents. The
plaintiff is also seeking interrogatories as per schedule 'B' to answer the
contents referred in schedule 'B' to the Chamber summons. Hence prayed to
allow the Chamber Summons as per schedule 'A and B' annexed to the
Chamber Summons.
2) The defendant through affidavit of Terrance Joseph Coutinho
stated that list of inspection and photocopies sought are copy/original deed of
conveyance dt. 02.04.1998. The original deed of conveyance is at present not
available. The registered certified copy of Deed of Conveyance is produced
before Hon'ble Court and marked as Exh1. Letter from original plaintiffs to
collected of Bombay marked Exh2. The copy of Index II in respect of
Conveyance marked Exh3 and Property Card marked Exh4. The original
Power of Attorney if any since Sale Deed was completed no Power of Attorney
was required. Plaintiffs are not entitled for PAN Card. The defendants call
upon the plaintiff to file an affidavit explaining under what authority they can
call upon these defendants to produce the documents about books of account.
Hence prayed to reject the Chamber Summons.
3) The plaintiff filed in rejoinder to the reply to the Chamber
Summons through affidavit of Brian Trevor Lobo whereby the explanations
are given for inspection of the documents. On perusal of the same it is nothing
but the pleadings and their part of evidence to prove the contents of the plaint
to show that the document cannot be considered and the said Conveyance is
bad in law and void abinitio.
3) Heard Adv. Mr. S. J. Khera for plaintiff. The defendants did not
appear nor anybody was present on behalf of defendants therefore argument
not heard. The suit is pending since last 35 years. Therefore reply of
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3 Order in Ch/s 2316/2019 in Suit 8204/1986
defendant is considered.
4) Perused contents of the Chamber summons and reply supported
by affidavit of both the parties.
5) The plaintiff is seeking inspection of the documents and
answered the points referred in Schedule 'B' of Chamber Summons. The
plaintiff the Chamber Summons itself stated that the Hon'ble High Court by
order dt. 20.11.1986 the direction was given to give inspection of the
documents. The defendants have referred the documents in the Written
Statement. Those documents are registered with SubRegistrar.
6) The plaintiff has filed this suit for declaration to set aside the
purported sale and Deed of Conveyance dt. 02.04.1986 is bad in law and void
abinitio. The relief to set aside the said sale and Deed of Conveyance. The
various collateral declarations are sought by the plaintiff. The relief which the
plaintiff is seeking in the present Chamber Summons to give inspection of the
documents is already granted as per the order of Honourable High Court dt.
20.11.1986. On the contrary the plaintiff in para No. 21 of the plaint stated
that the purported transfer and/or Conveyance appears to have been and/or
signed by defendant No. 2,3 and 4 and not by the defendant No. 1. The
plaintiff has stated this on the basis of letter dt. 03.04.1986 purported to have
been signed by defendant No. 2 to 4.
7) The plaintiff is seeking answers to the interrogatories as per
Schedule 'B' of the Chamber Summons. The interrogatories to answer the
questions should be clarify the facts and not collect evidence. Schedule 'B'
states about the documents and the documents itself will speak.
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The documents referred are all registered documents and with the public
office. These are public documents. Hence pass following order :
ORDER
1. The Chamber Summons No. 2316 of 2019 is rejected.
2. No order as to cost.
3. Accordingly, Chamber Summons is disposed of.
(S.S. Nagur)
Date : 01/09/2021 Judge
City Civil Court,
Greater Mumbai.
Dictated and Typed on : 01.09.2021
Pronounced on : 01.09.2021
Signed on : 01.09.2021
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5 Order in Ch/s 2316/2019 in Suit 8204/1986
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF TYPIST
01/09/2021 5.20 pm Mr. Mohit M. Patange
Name of the Judge HHJ Smt. S.S. Nagur
(C.R.NO.04)
Date of Pronouncement of
Judgment/Order.
01/09/2021
Judgment/order signed by P.O on 01/09/2021
Judgment/order uploaded on 01/09/2021
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