Final Order 1

Order Details: Other
Pdf Text: NOTING 21.01.2020 : 1 : C.R.NO.03
21.01.2020
01
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
SU 721/15
1)
2)
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.
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NOTING 21.01.2020 : 2 : C.R.NO.03
3)
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.
Matter stands Adj for compliance to 04.02.2020.
Judge
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