Date: 20-03-2019
Business: Matter adj. for Affidavit of Service to 26.06.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Matter stands Adj for affidavit of sevice to D-7(a) on 26.08.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Plaintiff present in person and filed application for extention of time of writ of summons upon Deft/7-A.. TOR.
O- Extention for further period of 8 weeks granted as prayed.
Matter stands Adj 16/10/2019 for service.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Plaintiff present and filed application for extension of time to serve writ of summons upon defendant no. 7A.
Application for extension of time to serve writ of summons upon defendant no. 7A. Heard. Time extended eight weeks, as last chance.
None present for defendant.
Matter stands Adj for service of writ of summons on defendant no. 7A to 17.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Plaintiff present.
Adv. Thakkar for plaintiff present and filed affidavit of service.
Janardhan Bhavar, representative of defendant no. 1 and 8 present and seeks time to engage advocate. Time granted.
Heard Ld. counsel for plaintiff on CS no. 1738/18, 1183/18 and 288/19.
Matter stands Adj for Order on CS no. 1738/18, 1183/18 and 288/19 to 07.01.2020.
Next Purpose: ORDER
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Plaintiff present in person.
Adv. Meman for defendant no. 1 and 8 present and filed VP.
Vakalatnama filed on behalf of defendant no. 1 and 8.
Perused the CS no. 1183/18 supported by an affidavit of plaintiff Jogen Bhagwandas Karsondas along with death certificate of deceased defendant no. 6 Muliben alias Malati Mulraj Sampat (Annexure-A) stating that she has died on 25.04.2018. Say not filed by the other side on the C.S.
Heard the parties. It is submitted that the defendant no. 6 has left behind her LR\''s as per schedule appended with the Chamber summons. It is necessary to substitute their names as defendant no. 6(a) to 6(d) as prayer in the Chamber summons. The motion is taken out within time, as per section 120 of limitation Act, cause of action survives. Hence, CS may be allowed in the interest of Justice.
ORDER
1. CS no. 1183/18 is hereby allowed.
2. Plaintiff is permitted to carry out the amendment as per schedule appended to CS and delete the name of defendant no. 6 and substitute names of LR\''s as defendant no. 6(a) to 6(d) within two weeks from today and to file on record amended copy of amended plaint within next two weeks thereafter as per procedure. Copy be served on the other side.
CS is disposed of accordingly.
Perused the CS no. 1738/18 supported by an affidavit of plaintiff Jogen Bhagwandas Karsondas along with death certificate of deceased defendant no. 12 Kishor Jivandas Asher (Annexure-A) stating that he has died intestate on 30.06.2018. Say not filed by the other side on the C.S.
Heard the parties. It is submitted that the defendant no. 12 has not left behind his LR\''s as he died intestate. Therefore, his name is required to be deleted from the array of parties, as per schedule appended with the Chamber summons.
The motion is taken out within time, as per section 120 of limitation Act, cause of action survives. Hence, CS may be allowed in the interest of Justice.
ORDER
1. CS no. 1738/18 is hereby allowed.
2. Plaintiff is permitted to delete the name of defendant no. 12, as per schedule appended to CS within two weeks from today and to file on record amended copy within next two weeks thereafter as per procedure. Copy be served on the other side.
CS is disposed of accordingly.
Perused the CS no. 288/19 supported by an affidavit of plaintiff Jogen Bhagwandas Karsondas along with death certificate of deceased defendant no. 4 Mukesh Ranchoddas Asher (Annexure-A) stating that he has died on 08.11.2018. It is further stated that defendant no. 5 Prakash Ranchoddas Rangwala has died on 11.11.2018, as per death certificate (Annexure-B) and defendant no. 15 Laxmibai Bhagwandas Asher has died on 10.10.2018, as per death certificate (Annexure-C). Say not filed by the other side.
Heard the parties. It is submitted that the defendant no. 4 and 5 have left behind their LR\''s as per schedule appended with the Chamber summons. It is necessary to substitute their names as defendant no. 4(a) to 4(c) and the names of LR\''s of defendant no. 5 as defendant no. 5(a) and 5(b) as prayer in the Chamber summons.
The motion is taken out within time, as per section 120 of limitation Act, cause of action survives. Hence, CS may be allowed in the interest of Justice.
ORDER
1. CS no. 288/19 is hereby allowed.
2. Plaintiff is permitted to carry out the amendment as per schedule appended to CS and delete the name of defendant no. 4 and 5 and substitute names of their LR\''s as defendant no. 4(a) to 4(c) and 5(a) to 5(b) within two weeks from today and to file on record amended copy within next two weeks thereafter as per procedure. Copy be served on the other side.
CS is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2020