Final Order 1

Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100364/2018
Chandravati Durgesh Trivedi and Ors. Vs Hiralal Purshottam Trivedi and Ors.
Date : 06-04-2018
Presence : Roop M. Vasudeo
Exhibits : 3. Plaintiff to serve the copy of amended plaint on all the
defendants. 4. Plaintiff to comply the order on or before
next date. Adj to 08.06.2018 for compliance.
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
COURT 31 ADDL SESSIONS JUDGE
-- 1 of 1 --