Final Order 1

Order Details: Other
Pdf Text: 23.04.2019
SU 321/11
@ NM
1971/13
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Lambade for Plaintiff present.
Adv. Mahadik for Defendant present.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for defendant on draft Ch/s.
Order below draft Chamber summons.
Chamber summons is taken out by the Plaintiff to delete the
name of defendant no.1 who died on 12.01.2019.
Defendants opposed chamber summons.
It is contended that defendant no.1 died on 12.01.2019 leaving
behind defendant nos.2 and 3 as only legal heirs. Accordingly,
prayer is made to condone the delay caused in taking out
chamber summons and seeking deletion of name of defendant
no.1 from cause title.
From copy of death certificate, it is apparent that defendant
no.1 died on 12.01.2019, present chamber summons is not
taken out within prescribed period of 90 days from date of
death of defendant no.1. There is delay of 20 days in taking out
present chamber summons.
Considering that delay caused is not inordinate and deliberate
and that L.Rs of defendant no.1 are already on record, I am
inclined to condone the delay caused in taking out chamber
summons and to amend cause title by permitting to delete
name of defendant no.1. Hence, pass following order.
ORDER
1. Draft Chamber summons is allowed and made absolute in
terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out amendment in cause title
within period of two weeks from date of order.
3. Chamber summons be registered for statistical purposes.
4. Accordingly, draft Ch/s is disposed off.
Adj for compliance to 29.06.2019.
L.O.
Plaintiff is Senior citizen. In view of office order No.66 of 2019
dtd.04.04.2019 and also in view of oral communication from
department, present case is to be forwarded to Court Room
no.9.
Judge
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