Final Order 1

Order Details: Other
Pdf Text: 26.11.2019
SU 3028/18
CS 251/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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