Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Patel for plff present. Adv. Pandya for deft. no. 2,3,4, 7,8 and 10 present. Adv.
Ms. Kajal for deft. no. 9 present. Registered ch/s 582/19 tendered on record. Ch/a
582/19 is taken out by plff for adding the legal heirs of deceased deft.no. 2 on
record of the suit and the necessary amendment to that effect. Affidavit in supply of
ch/s reveals that deft. no. 2 has expired on 03.07.2017, however, the fact was
informed by Adv. for such deft. no. 2 to the plff&amp#039s adv. by letter
dated 07.02.2019 and thereafter the ch/s is taken out on 27.02.2019 which is within
reasonable and limitation time after knowledge of death of the party by the plff. The
copy of death certificate of deft. no. 2 Chaturbhuj Wadhwani alongwith the letter
dated 07.02.2019 by the deft&amp#039s adv. to plff&amp#039s adv. is
placed on record. The adv. for defts no. 2,3,4,7,8 and 9, 10 have not objected the
ch/s. Such endorsements are made on ch/s itself. Though there ch/s is moved after
about two years from death of deft. no.2, the delay needs to be condoned in view of
submission about delayed intimation to the plff about such fact. Under such
circumstances would survive to the deceased deft. no. 2 and the proposed legal heirs
are required to be brought on record as deft. no. 2a and 2b in the suit. Hence, the
order as follows. ORDER 1. Chamber summons no.582/19 is allowed 2. The delay in
bring the legal heirs of deft. no. 2 is hereby condoned. 3. The proposed defendant
no.2a and 2b are allowed to be brought on record in the suit. 4. The plaintiff to
comply within 15 days. 5. Chamber summons is disposed of accordingly.
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