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Court Order

Final Order 1

CNR MHCC01000224201919 Sept 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 19 Sept 2019 · CNR MHCC010002242019

Order Details: Other
Pdf Text: Advocate Mukesh Tiwari for Plaintiff present None present for Defendant. Heard arguments of
advocate for Plaintiff about Chamber Summons no.27/19. He argued that Defendant of this suit died
on 08/08/2017 and thereafter, when Plaintiff got knowledge of the death of Defendant, Plaintiff has
taken out Chamber Summons for setting aside abatement against Defendant and for bringing LRs of
Defendant on record. It is argued that this suit was filed against original Defendant for recovery of
possession of suit premises, hence his LRs are necessary to be brought on record. This Chamber
Summons is filed on 15/01/2019 and it seems that reply to this Chamber Summons is not filed,
hence I find that considering relief claimed in the plaint, Chamber Summons is necessary to be
made absolute, hence I proceed to pass following order- ORDER 1. Chamber Summons no.27 of
2019 is made absolute in terms of prayer clause (a) and (b). 2. Plaintiff is directed to carry out
proposed amendment in the plaint within stipulated time provided by law. 3. Plaintiff is further
directed to serve the copies of amended plaint upon LRs of Defendant and to file typed copy of
amended plaint for the record of the court. Case is adjourned to 11/11/2019 for compliance.
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