Final Order 1

Order Details: Chamber summons
Pdf Text: 82
14/06/2023
SUIT 4069/08
CS 345/20
CS 1975/22
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Snehlata Shrivastav for plaintiff present.
None for defendant.
Heard Ld.Adv. for plaintiff on C/S No.345/2020 and C/S
No.1975/2022.
ORDER ON CHAMBER SUMMONS NO.345/2020 AND
CHAMBER SUMMONS NO.1975/2022
The Chamber Summon No.345 of 2020 was pending to bring
LR's of defendant No.1 on record. During the pendancy of said C/S
the plaintiff died on 31/12/2021. Therefore, to bring Legal
Representative of the plaintiff on record. C/S No.1975/2022 is
filed on 01/12/2022.
Both C/S are proceeded without say of opponent. It is
submission of learned advocate for plaintiff that the suit is filed to
substantiate legal rights. It is its further submission that heirs of
plaintiff made several attempts to know the detail information with
regard to the names and addresses of legal representative of
defendants. Therefore, delay is caused. The record of proceeding
shows that both C/S are remained unchallenged. Therefore, there
is no reason to disbelieve the contents of C/S. However, the record
shows that the non-application of plaintiff to bring the LR's of
deceased defendant on record has delayed the proceeding which
ensue the cost.
Considering nature of matter both C/S deserve to be
allowed on cost of Rs.1000/- each. Accordingly, following order is
passed.
ORDER
1. Chamber Summons No.1975/2022 is allowed on cost of
Rs.1,000/- payable to DLSA, within 15days of the order.
2. Chamber Summons No.345/2020 is allowed on cost of
Rs.1,000/- payable to DLSA, within 15days of the order.
3. On payment of aforesaid cost the applicant who filed aforesaid
Chamber Summons are permitted to carry out necessary
amendment as prayed for in both chamber summons and file
amendment copy of plaint forthwith.
Matter is adj to 23/08/2023 for compliance.
Judge
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