Final Order 1

Order Details: Other
Pdf Text: 28.01.2019
SU 319/73
@ Ch/s
135/19 @
Ch/s 2327/18
@ NM
4416/18 @
NM1 4282/18
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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