Court allowed a chamber summons to implead legal representatives of a deceased plaintiff in a pending suit, rejecting the defendants' objection of delay based on disputed affidavits.
Chamber summons for bringing legal representatives on record allowed; amendment directed within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.149 OF 2008
In
SUIT NO.2683 OF 1991
Pradeep C. Mody : Plaintiff
V/s.
Shashikant C. Mody & Ors. : Defendants
And
Mrs.W.P. Mody & Anr. : Respondents
Mr.K.H.Mody i/b. Little & Co., for the plaintiff.
Ms Sneha Phene i/b. RAK Najam-Es-Sani for defendant nos.1
& 3.
CORAM : S.A. BOBDE, J.
DATE : SEPTEMBER 09, 2008.
P.C.
1. This is a Chamber Summons for bringing L.Rs. of the
deceased plaintiff on record. The applicant no.1 is the
widow and the applicant no.2 is the son of the deceased
plaintiff who died on 28.4.2007. The present Chamber
Summons was taken out on 30.1.2008. The defendants, who
are the brothers of the plaintiff, object to the grant of
the Chamber Summons on the ground that it is delayed. The
case of the applicant is that she had no knowledge of the
pending suit and she only got knowledge from her Advocate
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who learnt about the death of the original plaintiff from
the Court Receiver’s letter dated 4.12.2007. According to
the applicant, the Advocate immediately informed her after
receipt of the letter dated 4.12.2007 about the pending
suit and that heirs will have to be brought on record.
She, therefore, made the Chamber Summons at the earliest
on 30.1.2008.
2. The learned counsel for the defendants relies on the
affidavit of the brother of the deceased plaintiff i.e.
the defendant no.1 that on or about the third day after
the death of his brother, his wife i.e. the applicant
no.1 told him that she was not interested in fighting the
suit against him. According to the defendants, she,
therefore, had knowledge of the suit and deliberately did
not file the Chamber Summons. It is difficult to presume
knowledge merely on the statement of the defendants. It
is likely that the applicant was still disturbed on the
third day after the death of her husband and the
communication said to have taken place in those
circumstances as understood by the defendants cannot be
relied upon.
3. In the circumstances, the Chamber Summons for bringing
L.Rs. on record is hereby allowed in terms of prayer
clauses (a), (b) & (c). Amendment be carried out within
two weeks from today.
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S.A. BOBDE, J.
Pradeep C. Mody
Shashikant C. Mody
Mrs. W.P. Mody
S.A. Bobde
As recorded by the court registry
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