NIRAV DEEPAK MODI Vs. NAJOO BHIWANDIWALA

JUDGEMENT

(1.) Chamber Summons No.614 of 2014 is taken out by the Plaintiff for impleadment of the legal heirs of deceased Defendant No.1. The companion Chamber Summons, Chamber (Lodging) No.1056/2014, is taken out by Defendant Nos.3 and 4 for leave to continue with the proceedings in the suit in the capacity of legal representatives of Defendant No.1 under the provisions of Order 22 Rule 4 and / or Order 22 Rule 10 of the Code of Civil Procedure, 1908.

(2.) It is a case of the Plaintiff that on the date of filing of Chamber Summons No.614/2014, the Plaintiff was not fully aware of the legal heirs of Defendant No.1. Accordingly, in prayer clause (a) of the Chamber Summons, the Plaintiff has sought disclosure of names and addresses of legal heirs of Defendant No.1 from Defendant Nos.2 to 4. At the hearing of the Chamber Summons, the particulars of the legal heirs of Defendant No.1 have been furnished by the other Defendants to the Plaintiff. Accordingly, a draft amendment is proposed by the Plaintiff to the Chamber Summons seeking to add two legal heirs of Defendant No.1 as Defendant No.1(a) and 1(b) and make consequential changes in the body of the plaint. The draft amendment is allowed by consent of the parties and the Chamber Summons will be considered for joinder of the proposed Defendant Nos.1(a) and 1(b) .

(3.) A short conspectus of the facts of the case, which are relevant for deciding the Chamber Summons, and which are not disputed by the parties, is outlined below :