Final Order 1

Order Details: Other
Pdf Text: 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&amp#039s 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&amp#039s advocate has submitted that he has
formal objection for allow Chamber Summons however he has made it clear that
Defendant&amp#039s 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.
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