Final Order 1

Order Details: Chamber summons
Pdf Text: None for plaintiff.
Adv. B.C. Khatri for defendant no.3 is present.
Adv. Samridhi Lodha i/b Kanga and Co. for respondent no.2 is present.
Order below CH/S No.1232/19
Perused the chamber summons. Heard both the sides. The main suit is for
declaration and injunction. During the pendency of suit the defendant no. 4 and 12
have expired as is clear from the copies of death certificate placed on record.
Satisfactory reasons are pleaded in Para No.1 to 6 for condoning the delay and as
the right to sue survives, the chamber summons needs to be allowed in the interest
of Justice. Hence, I pass the following order:
ORDER
Chamber Summons No. 1232/19 is allowed and made absolute in terms of prayer
clause (a) to (c). Plaintiff to carry out amendment within two weeks and shall
supply the copy of amended plaint upon the defendants within two weeks
thereafter.
Chamber Summons is disposed of accordingly.
Order below CH/S No. 230/2020
Perused the chamber summons. Heard both the sides. The main suit is for
declaration and injunction. During the pendency of suit the defendant no. 11 has
expired as is clear from the copy of death certificate placed on record. Satisfactory
reasons are pleaded in Para No.1 to 3 for condoning the delay and as the right to
sue survives, the chamber summons needs to be allowed in the interest of Justice.
Hence, I pass the following order:
ORDER
Chamber Summons No. 230/2020 is allowed and made absolute in terms of prayer
clause (a) to (c). Plaintiff to carry out amendment within two weeks and shall
supply the copy of amended plaint upon the defendants within two weeks
thereafter.
Chamber Summons is disposed of accordingly.
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