Date: 30-07-2019
Business: None present.
Adv.Pawan Tiwari for plaintiff present.
Adv.for defendant absent
Adv for plaintiff tender chamber summons @ affidavit in support of chamber summons - Leave is granted.
KB.
LO and 2.50p.m..
Peruse chamber summons @ affidavit in support of chamber summons.
Heard, Ld counsel for plaintiff. Pawan Tiwari.
It is submitted that the plaintiff that the hear about of def no. 3 and 4 is not trace out and per their information they have left their office and therefore, there new address should not be trace out hence plaintiff does not want proceed against def.no. 3 and 4 Lastly it is prayed that permission may be given to the plaintiff delete the name of def no. 3 ad 4 from the cause of title of the plaint.
I have perused entire record defendants are not appeared in the present suit. So far as the case of defendant no. 1 is concerned the plaintiff has filed affidavit in service and so far as other defenantda is concerned plaintiff has to take step to secure their presence in the present suit. However, the record shows that the def no. 3 and 4 left out their service and there about does not know to any of them then it is sweet choice of plaintiff to add or delete parties. IN the present suit the plaintiff wants he does not know the where about the def no. 3 and 4 and he does not want to make any prayer in future. Moreover the plaintiff delete the name of def no. 3 and 4 unconditionally. Then, there is no reason to refuse permission to the plaintiff to delete the name of def. no. 3 and 4. Hence I proceeded to pass following order
ORDER
1) Prayer to delete the name of def no. 3 and 4 from the cost title of the plaint is allowed.
2) Plaintiff to take necessary steps and comment plaint accordingly.
3) Chamber summons no. 1412 of 2019 is disposed of in above terms.
Matter adjd to 16.09.2019 for further steps.
Nature Of Disposal: DISMISSED
Disposal Date: 30-07-2019
