IDA FERNANDES Vs. CECILIA FERNANDES

JUDGEMENT

(1.) Rule. Respondent No.1, the only contesting Respondent, waives service. By consent of Respondent No.1, rule is made returnable forthwith and heard finally.

(2.) This Writ Petition has been filed challenging the order dated 27th August, 2015 passed by the Bombay City Civil Court at Bombay in Chamber Summons No.2836 of 2013 in Suit No.9046 of 2000.

(3.) This Chamber Summons was filed by the original Plaintiff (the Petitioner herein) to bring the legal heirs of deceased Defendant Nos.2 and 4 on record. It is not in dispute that Defendant Nos.2 and 4 were represented by advocates before the Trial Court. Defendant No.2 expired on 21st March, 2005 and Defendant No.4 expired on 28th December, 2008. It is, in these circumstances, that the Chamber Summons was filed for bringing their legal heirs on record.