Final Order 1

Order Details: Other
Pdf Text: 27.03.2019
SU 1660/13
@ Ch/s
289/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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