Date: 22-02-2019
Business: Plff and Adv absent.
Applicant present.
Adv. Dixit for Defendant present.
K.B.
L.O.
Original Ch/s no.354/19 tendered by applicant t.o.r.
On request of Adv for Defendant, adj for reply to Ch/s to 05.04.2019.
Next Purpose: REPLY
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Ganesh Lambade for Plaintiff present.
Adv. Rajesh Dixit for Defendant present.
On request of Adv for Defendant, adj for reply to 14.06.2019.
Next Purpose: REPLY
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Advocate Ms. S. A. Mahadgut for LRs of deceased Plaintiff present and submitted that reply to Chamber Summons no.354/09 is not filed by Defendants. It is made clear that if on next date Defendants will not file reply to Chamber Summons court will proceed to decide Chamber Summons by hearing applicant\''s arguments.
None present for Defendant.
Case is adjourned to 18/09/2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Advocate S. A. Mhadgut for Plaintiff present
Advocate Tripathi for Defendant present and submitted that reply to Chamber Summons is ready but due to heavy rainfall in Gujrat Defendant is unable to attend the court as she is residing at Valsad. Considering the fact that Defendants reply to Chamber Summons is ready I find that let Defendant file the reply so that Defendant will not have the chance to blame the court that in haste court has decided Chamber Summons, however it is made clear that if inspite of opportunity given today, Defendant will not take care for filing reply to Chamber Summons, court will decide Chamber Summons after hearing Plaintiff\''s arguments.s
Case is adjourned to 26/09/2019 for Chamber Summons reply.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Advocate S. S. Mhadgut for legal heirs of deceased Plaintiff present
Advocate Rajesh Dikshit for Defendant present
ORDEER ON CH/S NO.354/19
This Chamber Summons is taken out by LRs of deceased Plaintiff for bringing them on record in place of original Plaintiff by condoning delay caused for taking out Chamber Summons.
Applicants CA Rita Peter Theobald has filed her affidavit in support of Chamber Summons contending that on 16/10/2018 original Plaintiff expired in U.K. due to old age and this suit was filed by original Plaintiff for claiming 50 percent share in suit premises. Therefore, applicants who are LRs of deceased Plaintiff are necessary party to the suit and therefore Chamber Summons is necessary to be made absolute.
Heard applicants advocate Ms. Mhadgut and Defendant\''s advocate Mr. Dikshit. As suit is for partition, I find that LRs of original Plaintiff are necessary to be brought on record and from the contentions raised in the affidavit filed in support of Chamber Summons, I find that applicants have made out reasonable ground to condone said delay. Defendant\''s advocate has submitted that he has formal objection for allow Chamber Summons however he has made it clear that Defendant\''s has not filed reply to Chamber Summons. Considering submissions, I proceed to pass following order-
ORDER
1. Chamber Summons no.354 of 2019 is made absolute in terms of prayer clause (a), (b) and (c).
2. Applicants are directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Applicants are further directed to serve the copies of amended plaint upon Defendant and to file typed copy of amended plaint for the record of the court.
Case is adjourned to 27/11/2019 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 26-09-2019