The High Court of Bombay allowed the plaintiff's notice of motion to restore a dismissed suit and permitted the filing of a chamber summons to bring legal heirs on record.
Notice of motion allowed to restore suit. Chamber summons allowed; plaintiff to amend plaint and serve within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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978.s.219.2001.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1203 OF 2012 IN
CHAMBER SUMMONS NO. 658 OF 2012 IN
SUIT NO. 219 OF 2001
Bank of India .. Plaintiff
Vs.
Devendranath R. Chatruvedi & Ors. .. Defendants
Mr.O.A. Das for plaintiff.
None for defendants.
CORAM : K.R.SHRIRAM, J. DATED : 15TH SEPTEMBER, 2015
P.C.
1 The counsel for the plaintiff states that a copy of the notice of motion has been served upon the defendants. Still nobody is present today. The counsel undertakes to file affidavit of service within one week from today. This notice of motion is for restoration of the suit that came to be dismissed.
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978.s.219.2001.doc
which I accept as true, the notice of motion is allowed in terms of prayer clause (a). The suit is therefore, restored to file.
CHAMBER SUMMONS NO. 658 OF 2012
4 The counsel for the applicant states that this chamber summons is taken out to bring on record the legal heirs of defendant no.2. The counsel states that by a letter dated 8.02.2012, the advocate who was appearing for defendant no.2 for the first time informed the plaintiff’s advocate that defendant no.2 expired on 5.09.2008. The plaintiff’s advocate in response to their letter dated 8.04.2012, called upon the advocate for the deceased defendant no.2 to provide the details of the legal heirs of defendant no.2. The advocate for defendant no.2, by their letter dated 10.02.2012 informed the plaintiff’s advocate who the legal heirs of defendant no.2 were and accordingly on 10.04.2012, the chamber summons came to be lodged. The counsel also states that therefore the chamber summons is within time.
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978.s.219.2001.doc
filed an affidavit of service of one Shivaji Mabdavjar affirmed on 7.02.2014. Nobody is present though served.
(a). The plaintiff to carry out amendment and serve a copy of the amended plaint within two weeks from today. Should the newly added defendants wish to file additional written statement, the same to be filed within two weeks of receiving the amended plaint.
(K.R. SHRIRAM, J.)
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CERTIFICATE
Certified to be true and correct copy of the original signed
Judgement/Order.
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K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
