Order 1

Order Details: Other
Pdf Text: 29.10.2018
SU9427/89
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Ms.Vaishali Ugale for Plff.present.
Adv.Ms.Ugale tendered original registered Ch/s No.1636/18 t.o.r.
None for defendant.
Heard adv.for plaintiff in Ch/s no.1636/2018.
Order below Ch s NO.1636/2018
Perused Ch/s which is supported by an affidavit. Heard. None appeared for
the defendant. The Learned advocate for plaintiff submitted that the
Chamber summons is duly served. The copy of death certificate shows
that plaintiff no.1(h) Marie Eleanor Saunders expired on 27.05.2018.
The Ch/s is within limitation. Hence I pass the following order.
ORDER
1 Chamber summons No.1636/2018 is allowed and made absolute in
terms of prayer clause (a).
2 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.
3 Chamber summons is disposed of accordingly.
Heard adv.for Plaintiff in Ch/s no.722/2018.
Order below Ch/s No.722/2018.
Perused Ch/s which is supported by an affidavit. Heard. None appeared for
the defendant. The Learned advocate for plaintiff submitted that the
Chamber summons is duly served. The copy of death certificate shows
that Joseph Murzello has expired on 03.04.2007 and Mrs.Pamela
Murzello has expired on 30.12.2009. the contents of affidavit in support
specifically para no.2 and 3 shows that justified reasons are mentioned
for not taking out Ch/s within a period of limitation. The right to sue
survives. Hence I pass the following order.
ORDER
1 Chamber summons No.722/2018 is allowed and made absolute in terms
of prayer clause (a) and (b).
2 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.
3 Chamber summons is disposed of accordingly.
Adjd.for compliance on 06.12.2018.
Judge
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