Final Order 1

Order Details: Other
Pdf Text: 08.07.2019
CC 14/15 in
1647/19
(Old SU No.
9347/93)
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Gayatri Khale for Plaintiff in CC present.
Plaintiff in counter claim is present.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy is given to other side.
K.B.
L.O.
Adv. Rajput for Defendant present.
Say filed by Adv for defendant on Ch/s.
Order below draft Chamber Summons.
Draft chamber summons is taken out by the plaintiff in
counter claim for bringing legal representative of deceased
defendant No.1 on record and for condoning delay caused in
taking out chamber summons.
It is contended by plaintiff that defendant No.1 in counter
claim has expired on 19.02.2019 leaving behind his daughter
Ms. Preeti Arvind Ramnathan. It is contended that plaintiff
came to know about said fact in Suit No.9347 of 1993 wherein
present counter claim is filed.
Defendant in counter claim opposed chamber summons on
the count that it is barred by limitation and prayed for dismissal
of chamber summons.
I have taken the note of the fact that in Suit No.9347 of
1993, chamber summons No.1065 of 2019 was filed by the
original plaintiff in suit and thereby sought to bring legal
representative of plaintiff No.1 on record who is defendant No.1
in counter claim. Said chamber summons was allowed vide
order dated 12.06.2019.
No doubt, chamber summons is not taken out within the
prescribed period of limitation. May it be so, delay caused is not
inordinate and deliberate. Already, name of one of the legal
representatives is on record as defendant No.2. In these
circumstances, I am inclined to condone delay caused in brining
legal representative of defendant No.1 on record. Hence, pass
following order.
ORDER
1. Draft chamber summons is allowed and made absolute in
terms of prayer clauses (a) and (b).
2. Plaintiff in counter claim to carry out amendment as per
schedule annexed to the chamber summons within period of
two weeks from the date of this order.
3. Chamber summons be registered for statistical purpose.
4. Accordingly, draft chamber summons is disposed off.
Adj for compliance to 03.08.2019.
Judge
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