Final Order 1

Order Details: Other
Pdf Text: 04.04.2019
SU 7453/97
@ Ch/s
279/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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