Final Order 1

Order Details: Other
Pdf Text: 06.02.2019
SU 323/73
@ Ch/s
255/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Dalal with Adv.Awasiya for Plaintiff present.
Adv. Apurva Pawar for Defendant no.3 present.
Original Ch/s No.255/19 tendered by Plaintiffs t.o.r.
Reply given on Ch/s itself by Defendant.
Common Affidavit of evidence and common compilation of
documents filed by Plaintiff no.1 in Suit No.320/73 t.o.r.
Plaintiffs are directed to supply copy of affidavit of evidence and
compilation of documents to other side.
Order below Ch/s No.255/19.
Read Chamber Summons, affidavit in support of it and reply of
Defendant no.3.
Perused copy of death certificate Geeta Bhatia. Heard respective
counsel for parties. Chamber summons is taken out for deletion of
Defendant no.2(d) as she is reported dead, for substitution of address
of the Plaintiffs and incorporating para consequential to death of
defendant no.2(d). Defendant no.3 has objected said chamber
summons. Copy of death certificate shows that Geeta Ishwardas
Bhatia died on 22.11.2018. Chamber summons is taken out within
prescribed period of limitation from the date of her death. Other
proposed amendment in schedule are of formal nature and one relate
to new address of Plaintiffs and other relating to fact that there is no
legal heir of Defendant no.2(d). The amendment is necessary in view
of event or development that had taken place during the pendency of
present suit. So Chamber summons deserves to be allowed. Hence,
pass following order.
ORDER
1. Chamber Summons No.255 of 2019 is allowed and made absolute
in terms of prayer clause (a).
2. Plaintiffs are directed to carry out amendment in the plaint by
08.02.2019.
3. On carrying out amendment, copy of amended plaint be supplied to
other side.
Accordingly, Ch/S no.255/19 is disposed off.
Adj for compliance, admission and denial to 08.02.2019.
Judge
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