Date: 25-06-2018
Business: Adv Mr. Javied Allana for the plff present.
None present for deft no. 1 to 11.(without W.S )
Adv. Ms. Kavita for deft no. 12 present.
Adv. Ms. Pratima Singh i/b A. K. Saxena for Contemptnor no. 3 present.
Original registered Chamber Summons no. 1020/18 alongwith affidavit in support tendered by the plaintiff. t.o.r. It appears that defendant no. 12 expired on 6.01.2018 and it is communicated on 14.03.2018 by adv for deft no. 12 alongwith death certificate of deft no. 12. The plaintiff has stated that there is technical delay and be condoned and also stated that abatement of the suit in respect of deft no. 12 be set aside. The delay occurred only due to late communication of death of deft no. 12. Thus, considering the reasons stated in affidavit in support of Ch/s, in the interest of justice, delay is to be condoned. Hence Ch/s for bringing on record legal heirs of deceased deft no. 12 is to be made absolute by setting aside abatement of the suit against deft no. 12. With this I proceed to pass the following order.
Order
1. Chamber Summons no. 1020/18 is made absolute in terms of prayer clause (a) to (d).
2. The plaintiff is allowed to carry out amendment as per schedule exh. 1 on or before next date.
3. After amendment, the plaintiff is directed to place on record amended copy of the suit plaint.
4. Advocate for defendant no. 12 has submitted that she has waived service of writ of summons to newly added deft nos. 12a to 12d and on next date, she will appear on their behalf.
5. Accordingly Ch/s no. 1020/18 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 25-06-2018
