Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Susmita Lawane for the plaintiff is present.
None for defendant.
Order below CH/S No. 1282/19
Perused the chamber summons which is supported by an affidavit Ramashray Yadav.
Heard. Vide Exh.9 the defendant nos. 1 and 3 have intimated about the death of defendant
no. 3. According to the pursis and copy of death certificate the defendant no.3 Hubrajidevi
Basdev Yadav expired on 26.12.2018 at Varanasi. The delay in taking out chamber
summons is not intentional one and for the reasons mentioned in Paras No. 2 to 7 of the
affidavit in support are sufficient to condoned the delay for bringing the legal heirs of
defendant no. 3 on record. Hence, I pass the following order:
ORDER
Chamber Summons No. 1282/19 is allowed and made absolute in terms of prayer clause
(a) to (c). The plaintiff to carry out the amendment within two weeks and shall supply the
copy of amended plaint upon the defendants within two weeks thereafter.
Chamber Summons is disposed of accordingly.
Order below CH/S No. 606/18
Perused the chamber summons which is taken out by the defendant to amend the written
statement. Now the defendant no.3 has been expired and her legal heirs were ordered to be
brought on record vide order in CH/S No. 1282/19. Perused the proposed amendment to
be carried out in Written Statement. The defendants need to incorporate the facts of the
subsequent events regarding Suit No. 150/185/2013 in the Small Causes Court and the
judgment therein. No prejudice is going to cause to the plaintiff as those are the matter of
Court records and the plaintiff will certainly get an opportunity to cross examine
defendants witness. Therefore, I pass the following order:
ORDER
CH/S No. 606/18 is allowed and made absolute in terms of prayer clause (a) and (b). The
defendants to carry out the amendment in the Written Statement within two weeks from
today and shall supply the copy of amended Written Statement to the plaintiff within two
weeks thereafter.
CH/S No.606/18 is disposed of accordingly.
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