Final Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100601/2020
MR.MURARI SO KRISHNAJI CHAVAN (Kamini Murari Chavan - Applicant) Vs 1.MRS.
DAMYANTI MURARI CHAVAN and Ors.
Date : 27-09-2022
Business : None present for plaintiff. Adv. Ravindra singh present for
applicants in chs. Adv. Mangal Kadam present for
defendants/MHADA. None present for other defendant.
Heard arguments of ld. Adv. For applicants in chamber
summons no. 601/2020 and ld adv. For MHADA. As other
defendants were absent they could not be heard. Following
order is passed on chamber summons no. 601/2020.
ORDER- Applicant has taken out present chamber
summons for allowing her to amend the plaint as per
schedule for substituting herself in place of original
plaintiff. Perused the chamber summons, affidavit in
support of same and record. Heard ld. Advocate for
applicant and ld. Advocate for defendant no. 04/MHADA.
From the affidavit in support of chamber summons, it
appears that, plaintiff expired on 31/05/2020 and applicant
is the wife of deceased plaintiff. It appears that, plaintiff has
taken out present chamber summons on 21/10/2020.
Admittedly as per order in Suo Moto writ petition no.
03/2020 dt. 23/03/2020, period of limitation provided by
General and Special Law was extended from 15/03/2020 to
28/02/2022. As such the present chamber summons is
within limitation. Right to sue survives in favour of
applicants and applicants appears to be the legal
representative of deceased plaintiff. Therefore, present
chamber summons deserves to be made absolute. Hence the
following order. ORDER- 1)Chamber Summons No.
601/2020 is made absolute. 2)Applicant shall carry out
amendment as per schedule within 14 days from the date of
this order. 3)Chamber Summons No. 601/2020 is disposed
off accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 27-09-2022
COURT 08 ADDL SESSIONS JUDGE
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