Date: 28-01-2019
Business: Adv. A.K.Goyal for Plaintiff present.
Plff tendered original Ch/s no.135/19 t.o.r.
K.B.
L.O.
Adv. A.K.Goyal for Plaintiff present.
Adv. Ugare for Defendant nos.1a to 1c present.
Say filed by Defendant no.1a to 1c on Ch/s 135/19.
Order below Ch/s No.135/2019.
Read Chamber Summons, affidavit in support of it and say of Defendant no.1a to 1c.
Plaintiffs have sought deletion of name of Plaintiff no.7 and amendment in consequence to death of Plaintiff no.7. It is contended that Plaintiff no.7 died on 05.01.2019 leaving Plaintiff nos.1,2,4 and 8 as only legal heirs. Plaintiffs have filed true copy of death certificate in support of Chamber Summons which shows that Plaintiff no.7 died on 05.01.2019.
Defendant nos.1a to 1c have no objection to allow Chamber Summons.
Considering that application for deletion of name of Plaintiff no.7 is made within prescribed period of limitation and that proposed amendment in cause title is necessary in view of death of Plaintiff no.7 and that proposed amendment as per para 3 in schedule annexed to Chamber Summons is consequential to death of Plaintiff no.7 so same deserves to be allowed and same does not change nature of pleadings. Hence, pass following order.
ORDER
1. Chamber Summons No.135 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Plaintiffs are directed to carry out proposed amendment on or before 31.01.2019.
3. Copy of amended plaint be served on other side.
Accordingly, Chamber summons no.135/19 is disposed off.
Adj for compliance to 01.02.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 28-01-2019
