Allowed

United India Constructionco. and Anr. v. Manjitsingh Sukhdevsingh Lamba and 2 Ors.and Sanjay Shivcharan Dunkudu and 2 Ors. (Pro. Defendants)

Bombay HC4 Nov 2019CHS/687/2019

Case brief

AI extract

What is this about?

Allowed a chamber summons for impleading legal representatives of a deceased defendant in a civil suit. Directed amendment within three weeks and issuance of writ of summons returnable on 16th December, 2019.

What did the court decide?

Allowed the chamber summons for impleading legal representatives and directed amendment within three weeks; writ of summons issued returnable on 16th December, 2019.

United India Constructionco. and Anr. Vs… — Civil Procedure and Limitation | Bombay HC (2019)

¶1

44-CHS687-19+.DOC

¶2

Santosh

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶4

CHAMBER SUMMON NO. 687 OF 2019 IN

¶5

SUIT NO. 484 OF 1995

¶6

M/s. United India Construction Company (Regd.) and ors. ...Applicants In the matter between M/s. United India Construction Company (Regd.) and ors. ...Plaintiffs Versus Harjotsingh Sukhdevsingh Lamba & ors. …Defendants And Ravi Kumar Talwar & ors. …Defendants

¶7

Ms. Jaishree Surati, i/b S. Ashwinikumar & Co., for the Applicants/Plaintiffs.

¶8

Mr. Amit Bhave, i/b Milan Bhise, for Defendant nos.4A to 4C.

¶9

CORAM: N. J. JAMADAR, J. DATED : 4^th NOVEMBER, 2019

¶10

PC:-

¶11

The plaintiffs have taken out this Chamber Summons to

¶12

bring the legal representatives of deceased defendant no.3 Smt. Asha Shivcharan nee Smt. Harjitkaur Sukhdevsingh Lamba. It is submitted that the factum of the death of defendant no.3 on 2^nd March, 2019 was brought to the notice of the learned Counsel for the plaintiffs by a communication dated 2^nd May, 2019, addressed by M/s. S. Ashwinkumar & Co., the learned Counsel, who represented deceased defendant no.3. Copy of death certifcate issued by the Municipal Corporation Greater

¶13

1/2

¶14

44-CHS687-19+.DOC

¶15

Mumbai, which indicates that defendant no.3 died on 2^nd March, 2019, and the list of three legal representatives of deceased defendant no.3, were also furnished by the Counsel who represented the deceased defendant no.3.

¶16

In the aforesaid backdrop, it becomes evident that the plaintiffs have taken out the Chamber Summons for impleading the legal representatives of deceased defendant no.3, as intimated by the learned Counsel for the deceased defendant no.3.

¶17

Thus, the Chamber Summons stands allowed in terms of prayer Clauses (b) and (c). Necessary amendment be carried out within three weeks from today.

¶18

Thereafter, writ of summons be issued to the newly impleaded legal representatives of deceased defendant no.3, returnable on 16^th December, 2019.

¶19

[N. J. JAMADAR, J.]

¶20

2/2

United India Constructionco. and Anr. v. Manjitsingh Sukhdevsingh Lamba and 2 Ors.and Sanjay Shivcharan Dunkudu and 2 Ors. (Pro. Defendants)

Case brief

What is this about?

What did the court decide?

United India Constructionco. and Anr. v. Manjitsingh Sukhdevsingh Lamba and 2 Ors.and Sanjay Shivcharan Dunkudu and 2 Ors. (Pro. Defendants)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Seamec Limited Vs Mv Varaprada (Imo NO.8222161) and Anr.

Javed Ahmed Siddique and 2 Ors. Vs Dy. Commissioner of Police and 2 Ors.

Association of Progressive Ratail Liquor Venfors. Vs the Collector of Mumbai and Anr.

suresh mohanlal goradia Vs M/S Shah Construction Company Ltd. and Another

Oil and Natural Gas Corporation Ltd. Vs Urmila and Co. Pvt. Ltd.

Oil and Natural Gas Corpn. Ltd. Vs Urmila and Co.Pvt.Ltd.