Final Order 1

Order Details: Other
Pdf Text: 12.06.2019
SU 9347/93
Exh.31
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Rajput for Plaintiff present.
Adv. Gayatri Halaye 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.
Ex.31 V/n filed by Adv. Manoj Bhat on behalf of proposed L.R.
Order below draft Ch/s.
Chamber summons is taken out to bring legal representative of
deceased Plaintiff no.1 on record with prayer to condone delay
caused in bringing legal representative on record.
Defendant objected to Chamber summons on the count that
there is delay in taking out chamber summons. From copy of
death certificate of Plaintiff no.1 it is clear that he died on
16.02.2019. Chamber summons is not taken out within
prescribed period of 90 days from date of death of Plaintiff
no.1. No doubt limitation period expired during the period of
summer vacation but chamber summons is not taken out
immediately on opening of the Court. May it be so, the delay
caused is not inordinate. It cannot be said that delay caused is
deliberate. Already name of one of the legal representatives is
on record as Plaintiff no.2. In the circumstances, I am inclined
to condone the delay caused in bringing legal representative of
Plaintiff no.1 on record. In above circumstances, pass following
order.
ORDER
1. Draft Chamber summons is allowed and made absolute in
terms of prayer clauses (a) and (ai).
2. Plaintiff no.2 to carry out amendment in cause title of the
plaint within two weeks from date of order.
3. Draft chamber summons be registered for statistical
purpose.
Accordingly, draft chamber summons is disposed off.
Adj for compliance to 08.07.2019.
Judge
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