Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Pooja Bhat for plaintiff present.
Adv. Sachin Kannovijay for defendants present.
Order below CH/S No.699/19
Perused the Chamber Summons which is supported by an affidavit being executed
by the constituted attorney of plaintiff Shri Amrutlal Katariya. Heard Ld. Adv.of both
the sides. It is submitted that vide letter dtd. 15.01.2019 defendants advocates have
intimated to the plaintiff advocate that the defendant no.2 Dhirjalal Bhanushali has
expired on 30.05.2016. After having knowledge of the same this Chamber Summons
was taken out for bringing LRs of deceased defendant no.2 on record. As the
plaintiff was not aware of the death of defendant no.2, the delay in taking out the
Chamber Summons as well as the amended order needs to be set aside. The right to
sue survives and therefore for continuation of the suit this Chamber Summons needs
to be allowed as it was taken out immediately after the knowledge of death of
defendant no. 2. Hence, I pass the following order :
ORDER
Chamber Summons No. 699/19 is allowed and made absolute in terms of prayer
clause (a) to (c).
The plaintiff is to carry out the amendment within two weeks and shall supply the
copy of amended plaint upon the defendant with in two weeks thereafter.
Chamber Summons is disposed of accordingly.
Order below NM No. 2236/18
Perused the notice of motion supported by an affidavit being executed by Amrutlal
Katariya. Heard Ld. Advocates of both the sides. During the pendency of the suit the
defendant no. 2 has expired and this Court has allowed Chamber Summons No.
699/19. Considering the same now the LRs of defendant no. 2 will be brought on
record. I have carefully perused the order dtd. 20.01.2018 and 10.04.2018. As now
the LRs of defendant no. 2 will be brought on record, for fair trial and proper
adjudication of the case an opportunity needs to be granted to the plaintiff for filing
the evidence. Hence, in the interest of Justice the order dtd. 20.01.2018 and
10.04.2018 for keeping the matter for dismissal needs to be set aside. Hence, I pass
the following order :
ORDER
Notice of Motion No. 2236/18 is allowed and made absolute terms of prayer clause
(a) and (b).
Notice of Motion is disposed of accordingly.
Matter adjd for compliance to 15.06.2021.
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