Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100391/2020
Shri. Mehboob Yusuf Baig Vs The MCGM
Date : 10-08-2022
Business : Adv. Sunita Dubey h/f Adv. B.P. Shukla for plaintiff
present. Adv. Mrs. Tondwalkar for defendant/ BMC is
present. Following order is passed on Ch/S No. 391/2020-
O R D E R 1. Applicant has taken out Ch/S for bringing on
record LRs of deceased plaintiff. 2. It is contended that the
original plaintiff expired on 10/09/2018 leaving behind him
applicant as a LRs. The applicants were not aware about the
pendency of suit and they learned from one of the member
society about the pendency of the suit. Thereafter, they tried
contact their father&amp#039s advocate but advocate
was not responding. Then they immediately searched online
and came to know that suit is pending. Hence, there is a
delay in bring record LRs. 3. Defendant/corporation
submitted to pass necessary order. 4. Heard advocate for the
parties and perused photocopy of the death certificate of the
original plaintiff. There is a delay in bringing on record
LRs. It is contended that the applicants were not aware
about the pendency of the suit. Hence, there is delay in
bringing on record LRs. The suit has been filed to challenge
the notice issued u/S 354(a) of the MMC Act in respect of
suit structure. The right to sue survives upon LRs of the
deceased plaintiff. The reason given by the applicants
affixed to be just and satisfactory. Refusing to condone
delay can result in a meritorious matter being thrown out
and cause of justice being repeated. In the circumstances,
application for bringing on record LRs of the deceased
plaintiff and setting aside abatement deserves to be allowed.
Hence, I passed following order- O R D E R 1. Ch/S No.
391/2020 in terms of prayer clause (a) to (e) is allowed. 2.
The applicant to carry out necessary amendment in the
clause title of the plaint. 3. The applicant to provide copy of
amended plaint to other side.
Nature of Disposal : ALLOWED
Disposal Date : 10-08-2022
COURT 04 AD-HOC ASST SESSIONS JUDGE
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