Date: 15-02-2019
Business: As P.O. is on leave in second sessions, hence board is discharged and matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Adv. Pooja Nerurkar for Plaintiff present.
She tendered original Chamber summons no.289/19 t.o.r.
Suit is already proceeded ex-parte against heir of defendant vide order dtd.06.07.17, so there is no need to serve copy of chamber summons upon heir of defendant. Hence I pass order below Chamber summons no.289/19.
Order below Ch/s No.289/19.
Read Chamber summons and affidavit in support of it.
Heard counsel for applicant.
Chamber summons is taken out seeking amendment in cause title of plaint as per schedule annexed to the chamber summons. It appears that applicant has prayed for deletion of name of Karta of HUF on account of his death and substituting his name as Karta of HUF.
It is pertinent to note that applicant in his affidavit of evidence specifically stated that he is appointed as Karta of the Plaintiff (HUF). There is no reason to disbelieve the statement of applicant in that regard. From copy of death certificate annexed to affidavit filed in support of chamber summons, it is clear that Karta of Plaintiff (HUF) namely Vasanji Ramji Shah died on 08.11.2018. Present chamber summons is taken out within prescribed period of 90 days from the date of death of Karta, so it is well within time. Therefore, chamber summons deserves to be allowed. Hence, pass following order.
ORDER
1. Chamber Summons No.289 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Applicant to carry out amendment within two weeks from date of order.
Accordingly, chamber summons is disposed off.
Adj for compliance to 06.06.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 27-03-2019
