Date: 04-08-2018
Business: Adv.Ms.Devyani Deshmukh for Plaintiff present.
Adv.Mr.Kartik Prasad for Deft present.
Adv.for Plff.tendered original registered Ch/s No.1028/18.
On oral request of adv.for defendant adjd for Ch/s hearing on
05.09.2018.
Next Purpose: C/S HEARING
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Adv.Ms.Soniya Putta for Plff present.
Adv.Ms.Trupti Shetty for defendant present.
K.B.L.O.at 5.15 pm
Adv.Mr.Dalal for Plaintiff present.
Adjd.hearing on 12.10.2018.
Next Purpose: C/S HEARING
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv.Ms.Devyani Deshmukh for Plff present.
Adv.Mr.Dalal for Deft present.
Adjd.for Ch/s hearing on 04.12.2018.
Next Purpose: C/S HEARING
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: None for Plaintiff.
Adv.Mr.Dalal for Deft present.
Heard adv.for defendant in Ch/s .
K.B.L.O.at 03.00 pm.
Adv.Ms.Soniya Putta for Plaintiff present.
Adv.Trupti Shetty for proposed defendant no.12 present and filed vakalatnama.
Order below Ch/s No.1028/2018
Perused Ch/s which is supported by an affidavit.
Heard both the advocates. The original suit is filed before the hon\''ble High court on 11.09.1994 for declaration and partition. It is an admitted fact that on 31.10.2017 the plaintiff became aware of the death of defendant no.1(a) Mathurabai Patil, who expired on 07.05.2005. There is no doubt that the limitation to bring Legal heirs on record starts on date of death. However, in the case in hand the plaintiffs were not aware of death. Even otherwise as the suit is for partition, the right to sue survives in the Legal heirs. After having knowledge of the death, the plaintiff has filed the Ch/s and therefore the delay in taking out the same can very well be condoned. Hence I pass following the order.
ORDER
1 Chamber summons No.1028/2018 is allowed and made absolute in terms of prayer clause (a) to (d).
2 The plaintiff to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendants within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-12-2018
