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Date: 16-03-2018 Business: Matter adj. for Affidavit of Service to 05.07.2018. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 05-07-2018 Date: 05-07-2018 Business: Matter received from C.R.No.3. Adv. S.R. Yadav for plaintiff present. Suit is pending since 2013. Defendant No.4 is not served writ of summons till next date. Last opportunity to the plaintiff to serve writ of summons to defendant No.4 or else suit will be dismissed against defendant No.4 and if necessary against all, being the partition suit. Adjd. to 21/08/2018 for service to defendant No.4. Next Purpose: SERVICE Next Hearing Date: 21-08-2018 Date: 21-08-2018 Business: Adv. Shailesh Shukla for plaintiff present. Adv. S.B. Singh for defendant No.1 and 2 present. Ld. Counsel for plaintiff submits that service to defendant no.4 is done through Court and RPAD. Adjd. to 30/08/2018 for report. Next Purpose: REPORT Next Hearing Date: 30-08-2018 Date: 30-08-2018 Business: Adv. Avari h/f Adv. Shailesh Shukla for plaintiff present. Adv. S.B. Singh for defendant No.1 and 2 present. Ld. Counsel for plaintiff submits that the service of writ of summons to defendant No.4 could not be done through Bailiff as there was no specific order. In such circumstances, now the plaintiff is directed to serve the writ of summons to defendant No.4 through Bailiff, r/o. 07/09/2018. Short service is allowed. Adjd. to 07/09/2018 for service. Next Purpose: SERVICE Next Hearing Date: 07-09-2018 Date: 07-09-2018 Business: Adv. Shailesh Shukla for plaintiff present. Defendant No.1 present. Adv. S.B. Singh for defendant No.1 and 2 present. Report of bailiff that defendant No.4 refused to accept the service and also restrained the Bailiff to affix the writ of summons on the outer door of her house. Defendant No.4 is deemed to be served. None appeared for defendant No.4. Suit to proceed ex parte against defendant No.4. Adjd. to 17/10/2018 for CS reply/NM hearing. Next Purpose: C/S REPLY Next Hearing Date: 17-10-2018 Date: 17-10-2018 Business: Adv. S.R. Yadav for plaintiff present. Adv. S.B. Singh for defendant No.1 and 2 present. Kept back. Later on. Adv. Shailesh Shukla for plaintiff present. Adv. S.B. Singh for defendant No.1 and 2 present. By way of last opportunity, adjd. to 14/11/2018 for CS reply. Next Purpose: C/S REPLY Next Hearing Date: 14-11-2018 Date: 14-11-2018 Business: Adv. Awari for plaintiff present. Adv. S.B. Singh for defendant No.1 and 2 present. He files reply to CS. Exh.6(colly.)Adv. S.B. Singh files Vakalatnamas for defendant No.3 to 5. Heard both sides on CS. At the stage of framing of issues, in the present CS, amendment is sought on the ground of averments in the written statement regarding a document i.e. ''affidavit cum declaration''. Plaintiff sought to add the prayer to declare the said ''affidavit cum declaration'' dated 08/11/2002 being illegal, null and void. The defendant vide his affidavit in reply, objected the same. I have considered the submissions made on behalf of the parties. In view of the stage and the averments in the chamber summons and the need of the plaintiff to seek further prayer to declare ''affidavit cum declaration'' as null and void, I am inclined to allow the CS as it would not change the nature of the suit. Amendment be carried out within a week and amended copy be furnished within a week thereafter. CS is accordingly disposed off. Nature Of Disposal: ALLOWED Disposal Date: 14-11-2018
Filing Number: 100563/2018 Filing Date: 11-01-2018 First Hearing Date: 16th March 2018 Decision Date: 14th November 2018 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Order Details: Other Pdf Text: 14/11/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE MRS. P.V. GANEDIWALA Suit 3642/13 Adv. Awari for plaintiff present. @ NM 2539/15 Adv. S.B. Singh for defendant No.1 and 2 present. @ CS 87/18 He files reply to CS. Exh.6(colly.) Adv. S.B. Singh files Vakalatnamas for defendant No.3 to 5. Heard both sides on CS. At the stage of framing of issues, in the present CS, amendment is sought on the ground of averments in the…
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