Hansaben Himatlal Parekh - Applicants - Pankaj R. Shah And AnrVsPratik Atul Parekh +2 more

Date: 19-04-2018
Business: Heard both the sides on draft Chamber Summons. The present Ch/S is taken out by plaintiff for bringing the LR\''s of deceased plaintiff on record.
   The fact of death of the plaintiff on 26.03.2018 is not disputed. Adv. Anisha Singh for defendants submitted that defendant No.3 being son of deceased plaintiff is also one of the LR of the plaintiff. However, the suit is filed for declaration that the gift deed dated 29.05.2014 is bad in law and not executed by plaintiff. The request of LC for defendant to file reply to the Chamber Summons stands rejected as the Chamber Summons is taken out within 90 days as per Article 120 of the Limitation Act and the fact of death of the plaintiff and the applicants being LR\''s of the plaintiff is not disputed. Therefore, following order.
ORDER
  The draft Chamber Summons is allowed. Applicants are directed to bracket the name of plaintiff and to show their names by amendment as plaintiff No.1 and 2 in the place of original plaintiff.  No order as to
Nature Of Disposal: ALLOWED
Disposal Date: 19-04-2018

Main Case No: SUIT/0102842/2014
Main Cnr: MHCC010106962014
Main Filing No: 111447

Filing Number: 106619/2018
Filing Date: 04-05-2018
First Hearing Date: 19th April 2018
Decision Date: 19th April 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE