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Analysing the retrieved Case Laws
Scanned Judgements…!
Pending Notice of Motion for Restoration of Suit - The suit was dismissed after a Chamber Summons to amend or bring on record the legal heirs of a deceased defendant was filed and dismissed. The restoration of the suit depends on whether the Court considers the chamber summons or the notice of motion for restoration as proceeding first, based on their filing dates and the stage of the proceedings. Kamladevi Raychand Shah VS Bhupendra Yashwant Ajinkya of Mumbai , Indian Inhabitant - Bombay
Pending Chamber Summons for Bringing Heirs of Defendant - Multiple cases indicate that chamber summons to implead legal heirs of a deceased defendant are filed at different stages. Generally, these summons are considered as preliminary steps to facilitate the inclusion of heirs before proceeding further with the main suit. The order to implead heirs often precedes or coincides with the main hearing, suggesting that the chamber summons for heirs typically proceeds first or simultaneously with the notice of motion for restoration, depending on the court's schedule. Atlanta Limited VS Anil R. Agarwal - Bombay, CHITTARANJAN D. SHAH AND 5 ORS. Vs MURSHI R. CHHEDA AND 7 ORS. - Bombay, CHITTARANJAN D. SHAH AND 5 ORS. Vs MURSHI R. CHHEDA AND 7 ORS. - Bombay_HC_HCBM020322022
Order of Proceeding - When both a Notice of Motion for restoration and a Chamber Summons for heirs are pending, the court generally assesses the stage of each application. If the chamber summons to bring heirs is filed and allowed before the court passes the order on the notice of motion for restoration, then the chamber summons would proceed first. Conversely, if the notice of motion for restoration is filed earlier and is at a stage ready for hearing, it may proceed first. The specific order depends on the dates of filing, stage of disposal, and court's discretion.
Insights - Courts tend to prioritize applications that are at a more advanced stage or have been filed earlier, but the key consideration is whether the application is necessary for the progress of the main suit. The inclusion of heirs via chamber summons often facilitates the restoration process, especially if the suit was dismissed due to non-joinder or abatement.
Conclusion:In cases where both a Notice of Motion for restoration and a Chamber Summons to bring heirs are pending, the proceeding that was filed earlier or is at a more advanced stage generally proceeds first. Typically, the chamber summons for heirs is considered a preliminary step that often precedes or coincides with the restoration application, but the final decision rests on the specific facts and court's discretion.
In the complex world of civil litigation, procedural priorities can make or break a case. Picture this: a suit has been dismissed or abated due to a party's death, and now both a Notice of Motion for restoration of the suit and a Chamber Summons to bring the heirs of the deceased defendant on record are pending before the court. A common question arises: When Notice of Motion for Restoration of Suit is Pending One Chamber Summons for Bring Heirs of the Defendant Also Pending so which One will Proceed First?
This scenario is frequent in Indian courts, especially under the Code of Civil Procedure (CPC), where abatement due to death (Order XXII) intersects with restoration applications (Order IX Rule 9). Generally, courts prioritize the Chamber Summons for bringing heirs on record first, as it addresses a foundational issue: proper parties before the court. This post breaks down the legal principles, case laws, procedures, and practical insights to guide you through this procedural maze. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your case.
The fundamental reason is that the viability of the suit hinges on proper representation. Without bringing the legal heirs of a deceased defendant (or plaintiff) on record, the suit may abate under Order XXII CPC, rendering restoration efforts futile. Courts consistently hold that applications for substitution of heirs are preliminary procedural steps that must be resolved before substantive applications like restoration.
Key points include:- The application to bring heirs on record impacts the continuation and maintainability of the suit.- Supported by proper affidavits explaining delays, it should be decided first Suresh Kumar Bansal VS Krishna Bansal - 2009 8 Supreme 305.- Only after heirs are on record can the court meaningfully address restoration or revival Mohd. Hussain (dead) by LRs VS Gopibai - 2008 2 Supreme 111.
As emphasized in Mithailal Dalsangar Singh (2003) 10 SCC 691, an application for bringing heirs on record, supported by proper reasons and within the prescribed period, should be decided as a preliminary step, and the suit should not be dismissed or deemed abated until this issue is resolved Mohd. Hussain (dead) by LRs VS Gopibai - 2008 2 Supreme 111.
When both a Notice of Motion for restoration and a Chamber Summons for heirs are pending, the court typically disposes of the heirs application first. This ensures the suit isn't prematurely dismissed due to non-joinder. The Supreme Court and High Courts mandate this sequence because heir substitution determines if the suit remains alive.
For instance, if the suit abated due to the defendant's death and failure to substitute heirs timely, the restoration motion cannot proceed without first addressing abatement via heir impleadment Ajay Avinash Solanki VS Umesh Bhanjibhai Yadav - 2013 0 Supreme(Bom) 2273. Courts clarify: if the application for heirs is supported by affidavits explaining the delay and reasons, and if the court finds the cause justified, it should allow the application first. Only after the heirs are brought on record can the court proceed to decide other substantive or incidental applications, including those for restoration of the suit Ajay Avinash Solanki VS Umesh Bhanjibhai Yadav - 2013 0 Supreme(Bom) 2273.
Multiple judgments reinforce this. In one case, the court noted that pending Notice of Motions and Chamber Summons must be dealt with in accordance with law together, but heir-related summons often take precedence as preliminary Vardhaman Sthanakvasi Jain Shravak Sangh VS Municipal Corporation of Greater Mumbai - 2013 Supreme(Bom) 2565 - 2013 0 Supreme(Bom) 2565. Another highlights: The Suit filed by Respondent-original Plaintiff is still pending along with Notice of Motion/Chamber Summons so taken out from time to time, by the parties and have to be dealt with in accordance with law together Vardhaman Sthanakvasi Jain Shravak Sangh VS Municipal Corporation of Greater Mumbai - 2013 Supreme(Bom) 2565 - 2013 0 Supreme(Bom) 2565.
High Court orders frequently show chamber summons for heirs filed post-death, preceding main hearings. For example, in a matter involving defendant No.1's death, the affidavit sought to bring her legal heirs on record, underscoring its urgency before other motions RAJA RAMCHARAN RAM RAO vs SMT. BILQUIS UMAR TEJABWALA (DECD) AND ORS - Bombay. Similarly, impleadment via chamber summons was allowed before addressing pending notices of motion M/S. DOLPHIN DEVELOPER vs MR. THARAKAN DAVID JOSEPH (DECD) THRU LHRS AND ANR(DECEASED) - Bombay.
However, other sources note nuances: priority may depend on filing dates and stages. If the restoration motion is earlier and advanced, it might proceed first, but heirs remain key for progress Kamladevi Raychand Shah VS Bhupendra Yashwant Ajinkya of Mumbai , Indian Inhabitant - Bombay. Courts prioritize what's necessary for the progress of the main suit, often making heir inclusion facilitative other_sources summary.
Here's how courts handle this:1. File Chamber Summons: Promptly after death notice, with affidavits listing heirs, cause of death, and delay reasons (if any).2. Court Disposal: Judge disposes heirs summons first, especially if unopposed or justified Suresh Kumar Bansal VS Krishna Bansal - 2009 8 Supreme 305.3. Post-Substitution: Proceed to restoration motion, now with proper parties.4. Concurrent Handling: Rarely, if heirs application is strong and unopposed, courts may consider both, but sequence favors heirs Ajay Avinash Solanki VS Umesh Bhanjibhai Yadav - 2013 0 Supreme(Bom) 2273.
Examples abound: In suits with deceased parties, heirs signed consent terms post-impleadment, allowing motions to advance SUNIL KISHANLAL SOI(H.U.F.)AND 19 ORS Vs SHIRISH GIRISH DIKSHIT AND 24 ORS - Bombay. Pending motions for injunctions or amendments often follow heir summons service Gajanan Chintaman Gujar VS Aparna Shankar Gujar - 2023 Supreme(Bom) 1307 - 2023 0 Supreme(Bom) 1307.
While heirs typically precede, exceptions exist:- Rejected Heirs Application: If unsupported by affidavits or unexplained delay, it's dismissed first, potentially abating the suit.- Advanced Stage: Restoration motion filed earlier and ready for hearing may proceed, per court discretion Kamladevi Raychand Shah VS Bhupendra Yashwant Ajinkya of Mumbai , Indian Inhabitant - Bombay.- Simultaneous Disposal: Unopposed heirs summons might align with restoration, but preferred practice is sequential Vardhaman Sthanakvasi Jain Shravak Sangh VS Municipal Corporation of Greater Mumbai - 2013 Supreme(Bom) 2565 - 2013 0 Supreme(Bom) 2565.
One case disposed all pending chamber summons and notices together upon appeal, showing flexibility Maharashtra State Electricity Distribution Company Ltd. VS Datar Switchgear Limited - 2013 Supreme(Bom) 2141 - 2013 0 Supreme(Bom) 2141. Another kept motions pending till reports, avoiding lapse Sub Committee On Judicial Accountability: Raj Birbal VS Union Of India: Rabi Ray - 1991 Supreme(SC) 590 - 1991 0 Supreme(SC) 590.
To navigate this:- Act Swiftly: File heirs summons immediately post-death, with detailed affidavits.- Seek Expedition: Request court to prioritize heirs application.- Monitor Stages: Track filing dates; argue for logical sequence.- Set Aside Abatement: If abated, combine with substitution post-heirs.
As per references: Always file and support the chamber summons for bringing heirs on record with proper affidavits and reasons explaining any delay answer_content.
In summary, when a Notice of Motion for restoration and Chamber Summons for heirs pend, the latter generally proceeds first to ensure proper parties and suit viability Mohd. Hussain (dead) by LRs VS Gopibai - 2008 2 Supreme 111Ajay Avinash Solanki VS Umesh Bhanjibhai Yadav - 2013 0 Supreme(Bom) 2273. This preserves procedural integrity, prevents premature dismissals, and aligns with precedents like Mithailal.
Key Takeaways:- Prioritize heirs substitution as preliminary.- Support with affidavits to justify delays.- Courts exercise discretion based on facts, but sequence favors heirs.- Heirs enable effective restoration.
Stay proactive in civil suits—proper procedure wins cases. For tailored advice, consult a civil litigation expert.
Word count: 1028. References: General principles from cited documents; not exhaustive.
#SuitRestoration, #LegalHeirs, #CivilProcedure
Anil Agarwal expired on 01.05.2014 after the institution of the Suit. Sometime in December 2014 Chamber Summons (L) No. 1987 of 2014 was filed by the Plaintiff to implead and bring on record the legal heirs of Defendant No. 1. ... He would submit that original Defendant No. 1 is survived by three legal heirs and in the first #HL_START....
chamber summons at this stage. ... OF MOTION NO.2222 OF 2011 IN SUIT NO.1438 OF 2011 NOTICE OF MOTION NO.1558 OF 2011 IN SUIT NO.1151 OF 2011 This Notice of Motion seeks interim reliefs.
There is also a pending Notice of Motion by the 3rd Defendant, Notice of Motion No. 1713 of 2018. The Additional Affidavit in Support of that Notice of Motion is to be filed in the Registry on or before 7th December 2018. ... Thereafter, on 16.01.2018, for the appellant having acquired ownership rights in the suit pr....
The suit was amended for impleadment of society as defendant No.2 and the appellant-Defendant was served with notice of Chamber Summons as well as amended copy of plaint. However, he failed to remain present. The Roznama indicates that the appellant was present in person on 19 February 2015. ... Relief of injunction was also sought against the defendant#HL_END....
No.2 to the Plaint as well as other pending Applications/s, Notice of Motion as per the Schedule defendant No.2 is necessary or appropriate party so as to bring to Dindoshi allowed the Chamber Summons in terms of prayer clause impleadment of defendant No.2 came to be allowed.
No.2 to the Plaint as well as other pending Applications/s, Notice of Motion as per the Schedule defendant No.2 is necessary or appropriate party so as to bring to Dindoshi allowed the Chamber Summons in terms of prayer clause impleadment of defendant No.2 came to be allowed.
The Plaintiff 1(c) became proprietor of Defendant No.6 firm on it's dissolution, in view of the same the Chamber Summons was taken out by the Plaintiffs bearing No.1721 of 2014 to amend the Plaint and the Notice of Motion No.3743 of 2009 for transposing Defendant No.6 as Plaintiff No.2 in this Suit. ... However, the said Chamber Summons#HL_EN....
The affidavit in support of the chamber summons by referring to the earlier chamber summons, information about the legal heirs of defendant No.1 and to No.1 had passed away and, therefore, it has become necessary to bring her legal heirs on record. ... It was also stated that since defendant No.1 was no....
WITH NOTICE OF MOTION NO. 3020 OF 2016 IN SUIT NO.1097 OF 2015 WITH CHAMBER SUMMONS NO. 167 OF 2019 IN SUIT ... There are also some who had passed away, but whose heirs signed the Consent Terms. There are three sets of heirs of deceased Plaintiffs who are yet to sign the IN SUIT NO. 1097 OF 2015 WITH....
WITH NOTICE OF MOTION NO. 3020 OF 2016 IN SUIT NO.1097 OF 2015 WITH CHAMBER SUMMONS NO. 167 OF 2019 IN SUIT ... There are also some who had passed away, but whose heirs signed the Consent Terms. There are three sets of heirs of deceased Plaintiffs who are yet to sign the IN SUIT NO. 1097 OF 2015 WITH....
Ad-interim exparte relief obtained by the Plaintiff dated 16.6.2013/2010 extended by order dated 19.10.2010 till further order. The Suit filed by Respondent-original Plaintiff is still pending along with Notice of Motion/Chamber Summons so taken out from time to time, by the parties and have to be dealt with in accordance with law together.
By this chamber summons, the applicants seek impleadment as party defendants to the suit and also to pending Notice of Motion No. 3446 of 2006, Notice of Motion No. 3376 of 2006 and Notice of Motion No. 1004 of 2011.
Appeal and the Chamber Summonses and Notices of Motion are accordingly disposed of. All other Chamber Summons or Notices of Motion, if pending, do not survive and they are also disposed of accordingly.
The ninth defendant, another purchaser, died pending suit leaving behind defendants 11 to 15 as his heirs. In the eighth item in Court deposit, the plaintiffs are entitled to Rs.270.19, the first defendant to Rs.190.31 and defendants 2 and 3 together to Rs.270.19, while the fourth defendant is entitled to Rs.31.71. One of the purchasers from the first defendant died pending suit leaving behind defendants 5 to 8 as his heirs. The tenth defendant, who is one of the purchasers, ....
The effect of these provisions is that the motion shall be kept pending till the committee submits its report and if the committee finds the Judge guilty, the motion shall be taken up for consideration. No words of limitation that the motion shall be kept pending subject to usual effect of dissolution of the House can or should be imported. The reason is that a law made by the Parliament and binding on the House can provide against the doctrine of lapse. Only one motion is envisaged ....
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