Date: 18-01-2020
Business: PO IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv.Shety for plaintiff present and filed Registered Chamber Summons no.42/2020 for chamber summons reply.
L.O.
Adv.Prerana Dhoke for plaintiff present.
No one present on behalf of defendants and such reply to Chs/s.No.42/2020 is not filed.
Order in Chs/s.No.42/2020.
ORDER
This Ch/s. is taken out by Plaintiff for condoning the delay caused in bringing on record the LRs of deceased defendant no.10 who is reported to be dead on 07/09/2018. Plaintiff has further prayed for setting aside abatement order against defendant no.10 and for allowing the amendment in the plaint for bringing Lrs of deceased defendant no.10 on record. As mentioned in the affidavit filed in support of Ch/s. it becomes clear that plaintiff came to know in the 1st week of December, 2019 about the death of defendant no.10 when son of defendant no.10 informed plaintiff by telephone about it. Thereafter immediately plaintiff has taken out this Ch/s.
As defendants have not resisted the Ch/s. and as plaintiff got the knowledge of death of defendant no.10 in the 1st Week of December 2019 I find that plaintiff has made out reasonable ground to condone the delay caused in filing this Ch/s. Further, this suit being the suit for declaration that plaintiff has share in the suit property, I find that unless Lrs of deceased defendant no.10 are brought on record, I find that the effective adjudication of plaintiff\''s claim cannot be made. Hence, I proceed to pass following order.
ORDER
1) Ch/s.No.42/2020 is made absolute in terms of prayers clauses
(a) to (c).
2) Plaintiff to carry out proposed amendment in the plaint within stipulated time provided by law.
3) Plaintiff to serve copy of amended plaint upon the newly impleaded LRs of deceased defendant no.10.
4) Plaintiff to file typed copy of amended plaint for the record of the Court.
Case is adjourned to 11/02/2020 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 29-01-2020