Date: 22-08-2019
Business: Adv. Chaitali for plaintiff present.
Adv. Akshay Patil for proposed defendant no. 7 present.
Original CS No. 1228/19 alongwith affidavit filed by plaintiff.
By consent, Matter stands Adj for C/S reply to 14.10.19.
Next Purpose: C/S REPLY
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plaintiff no. 2 present.
Adv. Ankita Upadhyay for plaintiffs present and filed affidavit of service in CS.
None present for defendant.
Heard Ld. counsel for plaintiff. It is submitted that there is an urgency in the matter, as a plaintiff wants to implead third parties to whom suit property has been sold, but share certificate is not given as yet. Plaintiff also wants to transpose plaintiff no. 1 as defendant in the suit as it appears that plaintiff is not interested in prosecution of the suit.
Perused the affidavit of service filed on behalf of plaintiff. It is seen that defendant no. 1, 2 and 7 and respondant no. 1 and 2 have been duly served but absent. Hence, CS to proceed exparte against them. The defendant no. 4 to 6 have not been served, as the packet returned with remark not residing at the address/unclaimed/incomplete address.
Ld. counsel for plaintiff no. 2 submitted defendant no. 4 to 6 are relatives of plaintiff and plaintiff do not want to proceed against them. They are formal parties. Ld. counsel for plaintiff prayed for short adjournment. Adjournment granted.
Matter stands Adj for CS hearing to 07.11.19.
Next Purpose: C/S HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Ankita Upadhyay for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff on CS no. 1228/19
Matter stands Adj for order on CS no. 1228/19 to 26.11.19.
Next Purpose: ORDER
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv. Upadhyay for plaintiff present.
None present for defendant.
FRSR following order is passed on CS no. 1228/19.
ORDER
1. Chamber Summons 1228/2019 is hereby allowed.
2. Plaintiff no. 2 is permitted to carry out amendment in the plaint as per schedule annexed with the CS within two weeks from today.
3. The plaintiff shall file amended copy of plaint on record within two weeks thereafter and serve the copy on other side as per procedure.
Chamber Summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 26-11-2019