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ANOOP V.MOHTA
Ajay Avinash Solanki – Appellant
Versus
Umesh Bhanjibhai Yadav – Respondent
Anoop V. Mohta, J.—Rule returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.
2. The Appellants, original Defendants, have challenged order dated 26 August 2013, passed by the learned Judge of City Civil Court, Greater Mumbai thereby granted Chamber Summons in terms of prayer clauses (a) and (b) (for bringing the legal heirs as per schedule annexed to the supporting documents/Chamber Summons of original Defendant No.1), subject to cost of Rs.5000/-. The amount has been deposited and the same is received by the Appellants.
3. The Order 22 Rule 10A of the Code of Civil Code Procedure (CPC) contemplates the obligation of the Advocate appearing for Defendants to intimate the death of a party. Though required, not provided the same for unknown reason and/or for a long period. In supporting affidavit there were various reasons including non-cooperation and/or non intimation from the other side to provide the date and details of the deceased is made out.
4. The requirement of bringing legal heirs on record of either of the parties is necessary for a proper adjudication of the issues. The earliest steps is the requirement, as 90 days, is the p
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