Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 1 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101020/2018
Vijendra Subramaniam Anjure Vs Bebybai Kashinath Patil And Ors
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
COURT 1 ADDL SESSIONS JUDGE
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