Date: 17-06-2019
Business: Adv. for defendant present.
Original motion tendered by Adv. for defendant. Tor
Adjd for notice of motion to 26/09/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. Mr. Patil for plaintiff present.
Adv. Mr. Chamboowala for defendant present.
Adjd for NM reply to 18/11/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Rajesh Patil for plaintiff present.
Adv. for plaintiff stated that he will file reply to Notice of motion.
Adv. Dinesh Chamboowala for defendant present.
Adjd for NM hearing to 27/01/2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Jitendra Ahuja for plaintiff present.
Adv. Mr. Chamboowala for defendant present and stated that he will not be able to remain present in afternoon session.
Adjd for NM arguments to 04/03/2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Jitendra Ahuja for plaintiff present.
Adv. Divesh Chamboowala for defendant present.
Affidavit in rejoinder filed by defendant no.2 in NM No.1466/19.
Adjd to 16.06.2020 for NM Hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. for Plaintiff Absent.
Adv. for defendant Absent.
Matter is adjd. to 15.04.2021 for N/M argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-04-2021
Date: 06-03-2021
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chambuwala for defendant present.
Connected matter is on 15-04-2021.
Matter adjd for NM hearing to 15-04-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 15-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 09-07-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
Adv. Hemant Hasnale for defendant present.
Later on at 3.19 pm
Adv. Rajesh Patil for plaintiff present.
Matter Adjd for NM Hearing on 05/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 09-11-2021
Business: None present for plaintiff.
Adv. Hemant Hasnale for defendant present.
Later on at 3.19 pm
Adv. Rajesh Patil for plaintiff present.
Matter Adjd for NM Hearing on 05/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hemant Hasnale for defendant present.
Ld. Adv. for deft sought time.
Matter Adjd for NM Hearing as a last chance on 05/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022
Date: 05-01-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hemant Hasnale for defendant present.
Ld. Adv. for deft sought time.
Matter Adjd for NM Hearing as a last chance on 05/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 05-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hasnale for defendant present.
Kb.
Later on at 03.28 pm.
Adv. Chamboowala for defendants present.
Ld. Adv. for defendant sought time on medical ground. Hence adjourned.
Matter Adjd for NM Hearing on 21/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022
Date: 21-03-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hasnale for defendant present.
Kb.
Later on at 03.28 pm.
Adv. Chamboowala for defendants present.
Ld. Adv. for defendant sought time on medical ground. Hence adjourned.
Matter Adjd for NM Hearing on 21/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Dinesh Chamboowala for defendant present.
Matter Adjd for NM Hearing on 11/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022
Date: 21-04-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Dinesh Chamboowala for defendant present.
Matter Adjd for NM Hearing on 11/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: The Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 11-07-2022
Business: The Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Dinesh Chamboowala for defendant present.
Ld. Adv. for defendant submitted that, the deft no.4 expired.
Exh.13 - Pursis on behalf of defendants. O-seen.
Matter Adjd for steps on 20/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2022
Date: 08-08-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Dinesh Chamboowala for defendant present.
Ld. Adv. for defendant submitted that, the deft no.4 expired.
Exh.13 - Pursis on behalf of defendants. O-seen.
Matter Adjd for steps on 20/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Rajesh Patil for plaintiff/applicant present.
Adv. Chamboowala for defendant/respondent present.
Ld. Adv. for deft/respondent sought time.
Matter Adjd for steps on 04/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022
Date: 20-09-2022
Business: Adv. Rajesh Patil for plaintiff/applicant present.
Adv. Chamboowala for defendant/respondent present.
Ld. Adv. for deft/respondent sought time.
Matter Adjd for steps on 04/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hasnale for defendant present.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Copy of Draft CS supplied to Adv for defendant today in court.
Matter Adjd for tendering original registered CS and for CS reply on 10/12/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-12-2022
Date: 04-11-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Hasnale for defendant present.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Copy of Draft CS supplied to Adv for defendant today in court.
Matter Adjd for tendering original registered CS and for CS reply on 10/12/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-01-2023
Date: 10-12-2022
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: P.O. is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Ld. Adv. for plaintiff tendered original registered CS No.215/23.
Ld. Adv. for defendant filed reply to CS.
Matter Adjd for CS Hearing on 18/04/2023.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2023
Date: 24-02-2023
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Ld. Adv. for plaintiff tendered original registered CS No.215/23.
Ld. Adv. for defendant filed reply to CS.
Matter Adjd for CS Hearing on 18/04/2023.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Smita Chavan for plaintiff present.
Adv. Srushti Thorat for defendant present.
Copy of written statement supplied to Adv for plaintiff today in court.
Ld. Adv. for defendant sought time to file NM reply.
Matter Adjd for NM reply on 17/07/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2023
Date: 18-04-2023
Business: Adv. Smita Chavan for plaintiff present.
Adv. Srushti Thorat for defendant present.
Copy of written statement supplied to Adv for plaintiff today in court.
Ld. Adv. for defendant sought time to file NM reply.
Matter Adjd for NM reply on 17/07/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2023
Date: 17-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-10-2023
Date: 08-09-2023
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Presiding officer is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: As court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2024
Date: 15-03-2024
Business: As court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: P. O. is on Training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2024
Date: 29-04-2024
Business: P. O. is on Training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2024
Date: 10-07-2024
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant No.1 to 3 Present.
Court is busy in dictating Judgment.
Matter is adjourned to 24.09.2024 for Argument .
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2024
Date: 17-08-2024
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant No.1 to 3 Present.
Court is busy in dictating Judgment.
Matter is adjourned to 24.09.2024 for Argument .
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Matter is adjourned to 14.10.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 14-10-2024
Date: 24-09-2024
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Matter is adjourned to 14.10.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Adv. Rajesh Patil for plaintiff present through VC.
Adv. Chamboowala for defendant present and submitted that talks of compromise are going on in four disposed suit of which two are pending in C.R. No.84.Order - Time granted.
Matter is adjourned to 18.12.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Defendant present.
Both advocates are submitted that matter is likely to settle hence, matter refer to mediation.
Matter is adjourned to 29.01.2025 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Matter is adjourned to 12.03.2025 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Matter is adjourned to 02.04.2025 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Plaintiff present.
Adv. Bhavika Chabukswar h/f Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant No.1 to 3 present.
Both the advocates submitted that mediation talks are going before the mediator judge hence prayed for keeping the matter on 08.05.2025. Order - In view of the joint submission matter is adjourned on 08.05.2025.
Matter is adjourned to 08.05.2025 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 08-05-2025
Date: 08-05-2025
Business: P.O.A of Plaintiff present.
Adv. Rajesh Patil for plaintiff present through VC and Adv. Bhavika Chabukswar for plaintiff present in court.
Adv. Chamboowala for defendant No.1,2 and 4 present.
ORDER BELOW CH.S No.215/2023
By this Ch/s, plaintiff is praying for deleting the name of defendant No.4 from the pending NM 4129/2017 and consequential amendment in the NM and the plaint. It is claimed that defendant No.2 to 4 are partners of the defendant No.1 firm. During pendency of suit defendant No.4 Kalulalji Jasraj Trivedi died on 18.12.2016 which informed by the advocate of defendant on 08.08.2022 by application Exh.03. The cause of action against the remaining partners survives. By filing reply the Ch/s is objected on the ground that on 01.04.2004 itself defendant No.4 had retired from the partnership firm. They have no objection to allow the Ch/s for deleting the name of defendant No.4 in NM, however, as the suit is already dismissed, the amendment cannot be allowed in the plaint.
Heard both the advocates. Admittedly the suit is file against partnership firm and defendant No.4 was the partner who expired on 18.12.2016. As per O. XXX R.4 (1) of CPC there is no necessity to join the legal representative of the deceased partner. Even in the reply and while arguing Adv. Chamboowala submitted that the defendants have no any objection to allow amendment in the NM. The only question that arise as to whether plaintiff can be allowed to amend the plaint which is already dismiss in default. I am of the view that NM 4129/2017 is filed to set aside the order of dismissal of suit which pending for hearing. Therefore,unless and until the same is allowed and suit is restored, no any amendment in it can be allowed. If the plaintiff succeeds in the NM 4129/2017, then he can file Ch/s seeking amendment. Therefore, the Ch.s can be partly allowed. In view of the same I proceed to pass following order -
ORDER
1. The Ch/s No.215/2023 is partly allowed.
2. The name of defendant No.4 Kalulalji Jasraj Trivedi be deleted from NM 4129/2017.
3. The plaintiff to carry out the amendment by next date.
4. The Ch/s No.215/2023 is disposed of.
Matter is adjourned to 25.06.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: P.O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2025
Date: 25-06-2025
Business: P.O. is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: P.O.A of plaintiff present.
Adv. Chamboowala for defendant present.
later on at 01.00 p.m.
Adv. Rajesh Patil for plaintiff present and prayed for extension of time to carry out amendment. Order - Time extended.
Matter is adjourned to 29.09.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2025
Date: 13-08-2025
Business: P.O.A of plaintiff present.
Adv. Chamboowala for defendant present.
later on at 01.00 p.m.
Adv. Rajesh Patil for plaintiff present and prayed for extension of time to carry out amendment. Order - Time extended.
Matter is adjourned to 29.09.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present.
Defendant No.2 present.
Matter is adjourned to 12.11.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: P.O.A of plaintiff present.
Adv. Rajesh Chamboowala for defendant No.1 to 3 present through VC.
Later on at 12.45 p.m
Adv. Rajesh Patil for plaintiff present.
Matter is adjourned to 19.11.2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Rajesh Chamboowala for defendant present and filed an application taken on record and marked as Exh.15. Order - Other side to say.
Adv. Patil file say overleaf of Exh.15.
Matter is adjourned to 14.01.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant No.1 to 3 present.
Defendant No.2 present.
ORDER BELOW EXH.15
Heard both side. This is an application filed by defendant No.2 to delete the name of defendant No.4 Mr. Kalulal Trivedi who died and already in Ch.s No.215/2023 his name was deleted. By filing say, no objection is given by Adv. Patil for plaintiff. In view of the no objection, the application is allowed and name of defendant No.4 is deleted from NM No.1466/2019.
ORDER
1. The Application Exh.15 is allowed as prayed.
2. The defendant to carry out amendment within stipulated period.
Matter is adjourned to 31.01.2026 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: Adv. Hemant Hasnale h/f Adv. Divesh Chambooeala for defendant present and orally preyed for extension of time for amendment on order dt.14.01.2026. Order - Granted as lastly.
later on
Adv. Rajesh Patil for plaintiff present
Plaintiff present.
Matter is adjourned to 04.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2026
Date: 04-02-2026
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present and filed additional affidavit of defendant No.2 TOR. Copy supplied to Adv. Patil.
Defendant No.2 present.
Matter is adjourned to 10.02.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2026
Date: 10-02-2026
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant present and orally prayed for extension of time to carry out amendment in NM No.1466/2019. Order - Time extended.
Defendant present.
Matter is adjourned to 11.03.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present
Adv. Chamboowala for defendant present.
Matter is adjourned to 25.03.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: Plaintiff present.
Adv. Rajesh Patil for plaintiff present.
Adv. Chamboowala for defendant No.1 to 3 present.
Defendant present.
Matter is adjourned to 29.04.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2026
Date: 29-04-2026
Business: Plaintiff present.
Adv. Chamboowala for defendant present.
later on at 11.30 a.m
Adv. Rajesh Patil for plaintiff present through VC.
Matter is adjourned to 10.06.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: C.A of plaintiff Mr. Pramod Patel is present.
Adv. Rajesh Patil for plaintiff present.
Adv. Rajesh Chamboowala for defendants present.
Partner of defendant No.1 Mr. Narayan Trivedi is present.
Matter is adjourned to 29.07.2026 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2026
Date: 29-07-2026
Business: Adv. Rajesh Patil for plaintiff present through VC.
Adv. Divesh Chamboowala for defendant is present.
Kept back
Later on at 12.45 p.m
Same appearance for plaintiff and defendant.
Heard both parties on NM No.1466/2019.
ORDER ON NM NO.1466/2019
Heard both parties. By this notice of motion defendant is seeking permission to cross-examine Mrs. Sandhya P. Patel whose supporting affidavit is filed by plaintiff with NM No.4129/2017. Plaintiff filed detail reply.
I have gone through record and proceeding. Vide NM No.4129/2017 plaintiff is requesting for setting aside order of dismissal of Summary Suit No.8340/2002. In order to elucidate appropriate reasons, plaintiff annexed affidavit of above referred person with notice of motion.
In order to verify genuineness of contention raised by plaintiff in said affidavit, defendant want to cross-examine Mrs. Sandhya P. Patel. Grounds are satisfactory. Plaintiff has made several material contentions in the affidavit. In order to decide whether said affidavit can be acted upon or not, an opportunity of cross-examination should be given to defendant.
So, in the interest of justice this notice of motion is allowed. Defendant is permitted to cross-examine Mrs. Sandhya P. Patel. Notice of motion is disposed of and it shall form part of main suit.
Plaintiff shall see to it that Mrs. Sandhya P. Patel shall remain present on next date for cross-examination.
On next date said matter will be taken up at about 12.45 p.m.
Matter is adjourned to 31.08.2026 for cross-examination.
Nature Of Disposal: ALLOWED
Disposal Date: 29-07-2026