Final Order 1

Order Details: Other
Pdf Text: 25.02.2019
SU 1295/17
@ NM
2463/17
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Garewal for plaintiff present.
Adv. Jaiswal for defendant nos. 7 and 8 present.
Adv. Mangale for defendant nos. 1 to 6 present.
Adv. Kaushik for defendant no. 12 present.
Adv. Namrata for defendant nos. 9 to 11 present.
Adv. for defendant no. 12 filed draft NM. Leave granted to register it. Copy
is given to other side.
Plaintiff to say.
Order below draft NM
Read NM and reply. Defendant no. 12 has taken out NM for striking out the
name from the array of parties on the count that he is not contesting the
claim of plaintiff on merits and submit to order and judgment of this court
and he is ready and willing to provide information available with him if so
directed by the court. Even in his absence plaintiff would have maintained
this suit. His presence is not required to adjudicate alleged claim of the
plaintiffs. Accordingly it is urged that his name be struck out from array of
parties. Plaintiffs have no objection to allow notice of motion. I have gone
through plaint. The plaintiffs have only made prayer against this defendant
is in relation to providing information and documents of deceased husband of
the plaintiff no. 1. Defendant no. 12 acted as Chartered Accountant who
allegedly looked after individual IT returns of plaintiff no.1's husband. In
the facts of matter it is clear that presence of defendant no. 12 is not
necessary for adjudicating controversy between the parties. Therefore, I am
inclined to allow notice of motion. Hence, pass following order.
ORDER
1. Notice of Motion is allowed and made absolute in terms of prayer clause
(a).
2. Plaintiffs are directed to carry out amendment in cause title within period
of two weeks from the date of order.
3. For statistical purpose Notice of Motion be registered.
Order below Exh. 12
Read application and say of plaintiff. Plaintiff has no objection to restore
Chamber Summons nos. 1846/17. Defendant nos. 1 to 6 had filed above
referred chamber summons but in view of entry in roznama dated 19.4.2018
aforesaid chamber summons has been removed from the board and it is
shown that the said chamber summons is already disposed of. Previous
roznamas do not show that said chamber summons has been disposed of.
Therefore aforesaid chamber summons has been restored to its original
number. Accordingly Exh. 12 is allowed
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Adjourned for Ch/s reply and compliance to 29.3.2019.
Judge
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