Final Order 1

Order Details: Other
Pdf Text: Advocate Jani for Plaintiff present Defendant no.2 present. Heard. ORDER IN CHAMBER
SUMMONS NO.700/19 This Chamber Summons is taken out by Shakuntala Govindram Bajaj, the
wife of original Plaintiff Govindram Giridhardas Bajaj for brining on record LRs of original
Plaintiff who died on 30/12/2018. Death certificate of original Plaintiff Govindram Giridhardas
Bajaj is also filed on record. Defendant no.2 has filed her affidavit in reply and resisted Chamber
Summons contending that applicant Shakuntala Bajaj is not intending to show name of her son
Ritesh Govindram Bajaj as legal heir of original Plaintiff, hence according to Defendant no.2
Chamber Summons is necessary to be dismissed, because husband of Defendant no.2 is not shown
as legal heir of original Plaintiff. It is alleged that this suit is filed by original Plaintiff in collusion
with Defendant no.1. Heard advocate Mr. Jani, who has submitted that postal envelope of copy of
this Chamber Summons is refused by Dinesh Govindram Bajaj and Namrata @ Anita Naresh
Melvani, the proposed LRs of original Plaintiff. Advocate Mr. Jani submitted that if the Chamber
Summons will be allowed and if legal heirs of original Plaintiff will be brought on record, copy of
amended plaint will be served upon Dinesh Bajaj and Namrata @ Anita Naresh Melvani as well as
it will be served upon Defendants. Defendant no.2 submitted that this Chamber Summons is
necessary to be dismissed because Defendant no.1 Ritesh Govindram Bajaj, who is son of original
Plaintiff Govindram Giridhardas Bajaj is not shown in Chamber Summons as LR of original
Plaintiff. I have given serious consideration to the submissions made on behalf of the parties. As
Ritesh Govindram Bajaj the legal heir of Plaintiff is already on record as Defendant no.1, I find that
he can not be added as Plaintiff and LR of original Plaintiff. Further, death certificate filed on
record shows that original Plaintiff Govindram Giridhardas Bajaj died on 30/12/2018 and this
Chamber Summons is filed on 25/03/2019 i.e. within 90 days from the date of death of original
Plaintiff, hence the Chamber Summons is necessary to be made absolute, hence I proceed to pass
following order- ORDER 1. Chamber Summons no.700 of 2019 is made absolute in terms of prayer
clause (a) and (b). 2. Applicant is directed to carry out proposed amendment in the plaint within
stipulated time provided by law. 3. Applicant is further directed to serve the copies of amended
plaint upon proposed Plaintiffs and upon the Defendants of this suit. 4.Applicant is directed to file
typed copy of amended plaint for the record of the court. Case is adjourned to 16/11/2019 for
Compliance.
-- 1 of 1 --