Date: 15-03-2019
Business: Adv. Sarvankar for Plaintiff present.
Deft no.4 present. Adv absent.
Ex.4 Deft no.4 filed written statement.
Copy given to Plaintiff.
Registered Ch/s no.251/19 tendered by Plaintiff t.o.r.
Copy given to Defendant no.4.
It be served on other side.
Adj for affidavit of service of rest of Defendant to 17.06.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. Prasad Sarvankar for Plaintiff present.
Deft and Adv absent.
Affidavit of service filed by Plaintiff t.o.r.
Adj for Ch/s reply to 22.07.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Prasad Sarvankar for Plaintiff present.
Deft and Adv absent.
Notice is duly served upon defendant nos.1 to 4 and 5 through Mohit Lala.
Defendant nos.1 to 3 and defendant no.5 through Mohit Lala failed to appear despite service of notice upon them. Therefore, Ch/s is to proceed ex-parte against them.
Defendant no.4 failed to file reply to Ch/s. Therefore, Ch/s to proceed without reply against defendant no.4.
Adj for Ch/s hearing to 19.08.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Pratap Sarvankar for Plaintiff present.
Defendant no.4 present. Adv absent.
Defendant no.4 sought adjournment.
Adjournment is granted in the interest of justice.
Adj for Ch/s hearing to 03.10.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. J.G. Sharma for defendant no present.
Defendant no. 4 present.
Plaintiff and his adv. Absent.
Matter is adjourned for hearing of Ch/s as last chance.
Adjd. to 7.11.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Defendant no 4 present.
Plaintiff and adv. Absent.
Plaintiff absent.
Hence, adjd. for hearing to 26.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv. Prasad Sarvankar for plaintiff present.
None present for defendant.
KB
LO
ORDER PASSED BELOW CHAMBER SUMMONS NO.251 OF 2019
Perused chamber summons. No say filed by the defendants. Heard learned advocate for plaintiff.
Chamber summons is taken out to delete the name of Smt. Anita Jaypal Lala from cause title of suit as well as notice of motion and to show Mohit Jaypal Lala as defendant No.5.
It is the contention of plaintiff that he has filed suit against defendants for partition of suit property and injunction. Anita Jaypal Lala is shown as defendant No.5 who is deceased and Mohit Jaypal Lala is her only legal heir. Therefore, plaintiff has made prayer in above terms.
I have gone through present chamber summons, affidavit in support of it and cause title of plaint and notice of motion. It is clear that Anita Jaypal Lala is shown as defendant No.5 and against her name it is shown that she is deceased. More so, she is shown to have been represented through her son and heir Mohit Jaypal Lala. Certainly dead person cannot be made party so name of deceased Anita Jaypal Lala from cause title of suit and notice of motion along with words through her son and heir are required to be deleted. Hence, pass following order
ORDER
1. Chamber summons No.251 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Plaintiff to carry out amendment in terms of schedule annexed to chamber summons within period of two weeks from the date of this order.
3. Accordingly, chamber summons is disposed off.
Adjourned for direction to 20.12.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 26-11-2019