Date: 21-02-2019
Business: Son of Plaintiff Ashok Upadhyay present.
Adv. Manish Trivedi for Defendant no.5 present.
Applicant is directed to file original Ch/s on record and copy of it be served on other side.
Adj for service to 04.04.2019.
Next Purpose: SERVICE
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. Kharat for applicant/plff present.
He tendered original Ch/s no.279/19 t.o.r.
K.B.
L.O.
Adv. Manish Trivedi for Defendant no.5 present.
Order below Chamber Summons No.279/19.
Read chamber summons, affidavit in support of it and reply of Defendant no.5.
Chamber summons is taken out to substitute the name of applicant in place of original Plaintiff in the plaint and to add himself as plaintiff on the count that original Plaintiff died on 21.11.2018. Copy of death certificate alongwith affidavit shows that original Plaintiff died on 21.11.2018. Present chamber summons is taken out on 28.01.2019 i.e. within period of 90 days from the date of death of original Plaintiff. Thus, chamber summons is taken out within prescribed period of limitation. Applicant claimed that he is legal heir of the Plaintiff. There is no reason to disbelieve his statement on solemn affirmation. Therefore, chamber summons deserves to be allowed. Hence, pass following order.
ORDER
1. Chamber Summons No.279 of 2019 is allowed and made absolute in terms of prayer clause (b).
2. Applicant to carry out amendment in the plaint within period of two weeks from the date of order.
Accordingly, chamber summons no.279/19 is disposed off.
Adj for compliance to 18.04.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 04-04-2019
