Final Order 1

Order Details: Other
Pdf Text: 27.03.2019
SU 1659/13
@ Ch/s
290/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Pooja Nerurkar for Plaintiff present.
She tendered original Ch/s no.290/19 t.o.r.
Adv. Tiwari for Defendant present.
He filed reply to Ch/s.
Order below Ch/s No.290/19.
Read Chamber summons, affidavit in support of it, reply of
Defendant.
Heard respective counsel for parties.
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.
Defendant has opposed chamber summons on the count that there is
no documentary evidence filed by applicant to show that co-parceners
have mutually agreed and appointed applicant as Karta of Plaintiff
(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.290 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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