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Court Order

Final Order 1

CNR MHCC01000728201906 Feb 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 06 Feb 2019 · CNR MHCC010007282019

Order Details: Other
Pdf Text: 06.02.2019
SU 3970/11
@ Ch/s
126/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. R.D.Thorat for applicant present.
Adv. Noman Jafri for Defendant no.1 and 2 present.
Deft no.3 present.
Original Ch/s no.126/19 is tendered by Plaintiff t.o.r.
Say filed by Adv for Defendant no.1 and 2 on Ch/s. 126/19.
Deft no.3 has not filed say.
Order below Ch/s No.126/19.
Read Chamber summons, affidavit in support of it alongwith
annexures and say of Defendant no.1 and 2. Also perused plaint.
Heard respective counsel for parties.
Chamber summons is taken out to bring on record legal
representatives of Plaintiff on record and accordingly sought
amendment in cause title of plaint in suit No.3970/11.
Deft no.1 and 2 objected to it. Plff has filed on record copy of death
certificate which shows that Plaintiff died on 30.09.2018. Present
Chamber summons is filed on 30.10.2018 i.e. within the prescribed
period of limitation. That being so the Chamber summons deserves to
be allowed. Hence pass following order.
ORDER
1. Chamber Summons No.126 of 2019 is allowed and made absolute
in terms of prayer clause (a) and (b).
2. Amendment be carried out within two weeks from date of order.
Accordingly, Chamber summons stands disposed off.
Adj for compliance to 27.02.2019.
Judge
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