Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100433/2020
Narendra Mehta and Ors. Vs Hiradevi G. Dubey and Anr.
Date : 29-11-2021
Business : Adv. P. M. Shah for plaintiff present. None for defendants.
Not filed reply to chamber summons. As per affidavit of
service the defendant No. 2 is served on 23.01.2021 and
track report of service of deft NO. 1shows that it is served
on 23.01.2021. Hence chamber summons to proceed
without reply. ORDER passed in Chamber summons No.
433 of 2020 The chamber summons is filed by plaintiff to
the name of defendant No. 1. The chamber summons is
supported by affidavit of Smt. Kalpana Vijaykumar Desai
stating that all other plaintiffs are legal heirs of deceased
plaintiff. The chamber summons is proceeded without reply
of defendant. There is delay of 42 days as plaintiffs are
unaware as the name of plaintiff No. 1 is required to be
deleted from cause title of plaint. The death certificate of
plaintiff No. 1 is filed with chamber summons shows that
plaintiff No. 1 expired on 24.10.2019. There are in all seven
plaintiffs. Therefore suit will not abate. The plaintiff No. 6
by affidavit on oath stated that other legal heirs of plaintiff
are already on record. The delay caused to the name of
plaintiff No. 1 needs to be condoned. Hence pass following
order 1. The chamber summons is allowed. 2. Prayer (a) of
chamber summons is made absolute by condoning the
delay. 3. Plaintiff to carryout necessary amendment within
limitation. 4. Accordingly, chamber summons is disposed
of.
Nature of Disposal : ALLOWED
Disposal Date : 29-11-2021
COURT 04 ADDL SESSIONS JUDGE
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