Final Order 1

Order Details: Other
Pdf Text: HAMBER SUMMONS/0100042/2020
Shakuntala Narendra Joshi Vs Shri. Jairam C. Pethe - deceased 1a. Shaileja Jairam Pethe and Ors.
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&amp#039s 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.
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