Date: 21-03-2018
Business: Both parties and Adv. are absent.
Adj for hearing on Ch/S to 28.03.2018.
Next Purpose: C/S HEARING
Next Hearing Date: 28-03-2018
Date: 28-03-2018
Business: Adv. Vasudeo for plff present.
Heard argument of plff on Ch/S no.364/18.
Adj for order on Ch/S No.364/18 to 06.04.2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-04-2018
Date: 06-04-2018
Business: Plff present.
Adv. Vasudeo for plff present.
K.B. for order on Ch/S.
L.O.
Order on Chamber Summons No.364/2018
Perusal of Exh.1 shows that defendant No.1(a) died on 14/07/2017. As per contention of plaintiff proposed defendant nos.1(a)(i) to 1(a)(v) are the only heirs of deceased defendant no.1(a). This contention remain unchallenged. Not only this but the suit is for administration of estate. Therefore the right to sue survives with defendant no.1(a)(i) to 1(a)(v). Thus they are required to be bring on record as their presence is necessary for effective adjudication. However, considering delay caused in taking out this chamber summons some cost required to imposed on plaintiff. Hence, hence order
ORDER
1. Chamber Summons No.364 of 2018 is made absolute in terms of prayer clause Nos.(a) to (c) subject to cost of Rs.1000/- by plaintiff to D.L.S.A., Mumbai on or before next date.
2. After payment of cost plaintiff is permitted to amend pleadings as per schedule.
Nature Of Disposal: ALLOWED
Disposal Date: 06-04-2018
