Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Snehal Dukhale I/b Adv. Mehul Shah for pltff present and filed draft Ch/sum
alongwiht supporting affd. for bringing LRs. of deceased plff. on record. t.o.r
Leave to registered. Granted.
copy served on adv. deft.
Adv. Thorat for D-3 to 9 present.
Adv. Shailesh Pal for D-1 present.
Adv. Thorat and Adv. Pal submitted that they do not want to file reply on
Ch/sum.
Heard adv for the plff. on draft Ch/sum.
From the death certificate and supporting affd., it seems that the plff. died on
12.11.2017. Application is taken out within 90 days from the date of death of the
plff. Therefore, following order.
ORDER
Ch/sum is made absolute in terms of prayer clause (a),(b) and (c), with no order
as to costs, thereby plff. is directed to carry out the amendment as prayed and
shown in the schedule to the draft Ch/sum within 14 days from this order.
Plff. is also allowed and thereby directed to amend the title clause of the N/M
taken out by the original plff. for interim reliefs.
Plff. is further directed to file fresh typed amended copy of plaint with copy to
other side on or before next date.
Plff. is. directed. to. get. the. draft. Ch/sum. registeredf.
Advf. for. the. plff. fled. proof. of. service. of. Wr/sum. on. D-2f. tfofrf. Report. shows. that. Wr/
sum. was. refusedf.
None. present. from. deftfnof2f.
Therefore,. suit to proceed exparte against deft.no.2.
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Advf .  for .  plff .  requested .  time .  to .  fle .  reply .  on .  N/M .  taken .  out .  by .  D-3 .  to .  9 .  for
condonation. of. delay. of. 115. days. and. taking. the. W/S. of. D-3. to. 9. on. recordf. the
request. stands. rejectedf.
Heard. both. the. sides. on. N/M. Nof3828/17f.
ORDER
Irrespective. of. the. fact. that. the. N/M. is. opposed. by. advf. for. plff,. I. am. satisfy. with. the
reason. given. by. the. deftf. in. para. nof2. and. 3. of. the. supporting. afdf. to. the. N/M. for
delay. in. fling. the. W/Sf. Therefore,. the. N/M. Nof3828/17. is. allowed. subject. to. payment
of. cost. of. Rsf8,000/-. (Rsf. Eight. Thousand. Only). to. be. paid. by. the. deftfnosf3. to. 9. to
the. advf. for. plff. within. two. weeks. from. this. orderf. On. compliance. be. made. by. the
deftsf. as. aforesaid,. the. delay. so. caused. is. condoned. and. W/S. already. fled. by. D-3. to
9. is. tfofr. and. marked. as. Exh.4f
Copy of W/S is served to adv. for plff. and deft.no.1.
Adv. for deft.no.1 has not filed W/S till date. Therefore, suit to proceed without
W/S against D-1.
Adv. for deft.no.1 requested time to file reply to N/M taken out by the plff. There
was ample time for D-1 to file reply therefor, request stands rejected. N/M
No.2120/17 to proceed without reply of D-1.
Matter is adjd. for hearing on settlement of issues and hearing on N/M
No.2120/17 on 15.02.2018
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