Parvati Rajesh JaiswalVsRamayan Shivaram Jaiswal +2 more

Date: 27-03-2019
Business: Adv. Vyas for Plaintiff present.
Adv. Shailesh Pal for Defendant no.1 present.
Draft NM filed by Adv for defendant no.1 t.o.r.
Leave granted to register it.
Copy given to other side.
K.B.
L.O.
Adv. Pratap Singh for Defendant no.1 present.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Read Notice of motion, affidavit in support of it, reply of Plaintiff. Heard respective counsel of parties.
Notice of motion is taken out by defendant no.1 for setting aside order dtd.16.03.2019 in respect of proceeding chamber summons without reply against him.
It is the contention of defendant no.1 that on 05.03.2019 his son-in-law Jitendra Jaiswal died at Devariya, Uttar Pradesh so for performing all rituals he went to his native place and since then he was not in Mumbai. Therefore, reply to Chamber summons drafted by his Advocate could not be affirmed.
Plaintiff opposed notice of motion and prayed for rejection of it. Reason assigned by defendant no.1 is sufficient to set aside order dtd.16.03.2019. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a).
2. Defendant no.1 is directed to file reply to chamber summons today itself.
3. Draft notice of motion be registered for statistical purpose.
Accordingly, draft notice of motion is disposed off.
Defendant no.1 filed reply to chamber summons t.o.r.
Deft no.1 supplied copy of reply to other side.
Adj for Ch/s hearing to 09.04.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 27-03-2019

Main Case No: SUIT/0101103/2017
Main Cnr: MHCC010045122017
Main Filing No: 111447

Filing Number: 103809/2019
Filing Date: 28-03-2019
First Hearing Date: 27th March 2019
Decision Date: 27th March 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE