Final Order 1

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IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100120/2020
Hatim Plastic Vs Ahmed Oomerbhoy and Ors. / Applicant Nadeem Majid
Oomerbhoy
Date : 24012023
Business : Adv.Shital Ekawade a/w Adv.Aditya A.Kavale i/b
Zohair and Company for plaintiff present. AAdv.
Ganesh Ambekar for applicant in chamber
summons present. Adv.Jayesh Gawde for
defendant No.7 present. Heard both the sides on
C/S No.120/20 ORDER ON CHAMBER
SUMMONS NO.120/20 One Mr.Nadim Majid, who
claims to be one of the legal representative of
defendant No.2 has taken on present C/S with a
prayer to direct plaintiff to amend proceeding and
thereby to add him as LR&amp#039s of
defendant No.2 who is submitted to have been
died on 11/05/2010. In view of order passed by
this court on 03/08/2022, the Ld. Advocate for
applicant herein has already filed pursis on record
(today marked as Exh) intimating this court as
well as to the plaintiff about the
LR&amp#039s of deceased defendant No.2.
Plaintiff being master of the suit, it is up to him to
take proper steps to implead LR&amp#039s
of deceased defendant. If plaintiff fails to bring
LR&amp#039s on record, necessary
consequences as per order 22 of CPC would
follow. Thus, C/S in present from is not
maintainable at the behest of the legal heir of
deceased defendant No.2. Hence, same is hereby
disposed of with liberty to the applicant to file
appropriate application for dismissal of the suit as
permissible under the of law.
Nature of Disposal : OTHER
Disposal Date : 24012023
COURT 61 ASST SESSIONS JUDGE
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