Date: 18-03-2019
Business: None for Plaintiff.
None for Defendant.
Adj for service to 18.06.2019.
L.O. at 3.45pm.
Adv. Tripathi for Plaintiff present.
Adv. Barve for Defendant present.
Registered Ch/s no.585/19 filed by Adv for Plaintiff t.o.r.
Say filed by Defendant on Ch/s.
Order below Ch/s no.585/19.
Chamber summons is taken out for deletion of name of Plaintiff no.3 who died on 30.01.2010 i.e. before institution of suit. So provision of O-22 of CPC cannot be invoked. Copy of death certificate shows that Plaintiff no.3 died on 30.01.2010. Therefore, his name is required to be deleted from cause title. Hence, pass following order.
ORDER
1. Chamber summons no.585 of 2019 is allowed and made absolute in terms of clause (a).
2. Plaintiffs are directed to carry out amendment within two weeks from date of order.
Accordingly, Chamber summons no.585/19 is disposed off.
Registrar(Civil) be informed that proper scrutiny seems to have been not made while accepting the plaint as Plaintiff no.3 was not alive on the date of institution of suit and no undertaking was taken from CA that power of attorney granted in his favour was in existence on the date of institution of suit.
Hence, adj for compliance to 18.06.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 18-03-2019
