Final Order 1

Order Details: Other
Pdf Text: 04.12.2018
SU8895/94
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
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.
Adjd.for hearing on Ch/s No.1550/2017 on 11.12.2018.
Judge
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