Date: 06-02-2019
Business: Adv. Dalal with Adv.Awasiya for Plaintiff present.
Adv. Apurva Pawar for Defendant no.3 present.
Original Ch/s No.253/19 tendered by Plaintiffs t.o.r.
Reply given on Ch/s itself by Defendant.
Ex.17 Affidavit of evidence filed by Plaintiff no.1 t.o.r.
Ex.18 Compilation of documents filed by Plaintiff no.1 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.253/19.
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.253 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.253/19 is disposed off.
Adj for compliance, admission and denial to 08.02.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2019
