Final Order 1

Order Details: Other
Pdf Text: 02.09.2021
Sr. No. 26
SU 580/14
@CHS 1314/19
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 03.02 p.m.
Adv. C. B. Yadav for plaintiff present.
None present for defendant.
Plaintiff tendered service affidavit alongwith acknowledgement of receipt
by Sheetal Sunil proposed defendant and return envelope of proposed
defendant Dr. Sumit Varang.
From the affidavit it appears that both proposed defendants are residing
on the same address. The proposed defendant Sheetal though served but
did not appear. The endorsement on the envelope of proposed defendant
Dr. Sumit showed as left.
The plaintiff filed suit for partition. Deft. No. 5 is sister of plaintiff.
Looking to the nature of suit in my view, right to sue survive. Therefore,
it is necessary to allow the plaintiff to bring legal heirs on record.
Therefore, Chamber Summons No. 1314/19 is allowed in
following terms.
1. Chamber Summons No. 1314/19 is allowed in terms of prayer clause
(a), (b) and (c).
2. Plaintiff is allowed to carry out necessary amendment as per
schedule within a period of 14 days from the date of order.
3. In terms of above, Chamber Summons is disposed of accordingly.
Suit already proceeded exparte against Deft. No.3 and 6. It appears that
on 02.04.2018, Deft. No.1 and 2 in person present in the Court
pursuance to the writ of summons. The Deft. No. 4 also present on
19.10.2018. In spite of that the defendants did not file their written
statements. Hence, suit to proceed without written statement of Deft. No.
1, 2 and 4.
Matter stands adjourned to 08.10.2021 for compliance.
Judge
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