Final Order 1

Order Details: Other
Pdf Text: 24.01.2018
SU 7988/98
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. Gardare for plaintiff present and tendered original chamber
summons no.44/2018 alongwith affidavit, taken on record
Adv. Ms. Tamhane for D-1(a) to D-1(e) present.
Ld. Counsel for plaintiff has produced the acknowledgment which
shows that the proposed legal heirs are served.
Heard both sides in CS No.44/2018.
By this chamber summons, the plaintiff is seeking permission to
bring on record the legal representatives of deceased D-4 who
expired on 7.1.2017. The chamber summons is filed on 22.12.2017.
Hence there is delay in filing the chamber summons.
It is stated in the affidavit filed in support of chamber summons that
the plaintiffs came to know for the first time about the death of D-4
when they received e-mail from one of the legal representative of
D- 4 on 8.12.2017.
The reasons given in the affidavit make out sufficient cause for
condoning the delay in filing the chamber summons. Hence the
chamber summons no.44/2018 is allowed subject to payment of cost
of Rs.2000/- to the Library Account of City Civil Court Bar
Association within two weeks. If cost is paid, necessary amendment
be carried out within two weeks thereafter and if the cost is not
paid, the chamber summons no.44/2018 shall stand dismissed.
Ld. Counsel for plaintiff is directed to provide the amended copy of
plaint to the court with copy to other side.
Matter adj. for Compliance to 16.03.2018.
Judge
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