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Court Order

Final Order 1

CNR MHCC01008231201907 Aug 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 07 Aug 2019 · CNR MHCC010082312019

Order Details: Other
Pdf Text: 07.08.2019
SU 8360/96
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Divya Menon for Plaintiff present.
Adv. Shrutika Lakhan for defendant present.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for defendant on draft Ch/s.
Order below draft Ch/s.
Read draft Chamber summons, affidavit in support of it, copy of
death certificate and say of defendant.
Heard respective counsel for parties.
Draft Chamber summons is taken out by the applicants/rest of
Plaintiffs to delete the name of Plaintiff no.1(A) on the count
that he died on 03.05.2019.
As per copy of death certificate, Plaintiff no.1(A) died on
03.05.2019. Present draft chamber summons is taken out within
prescribed period of 90 days from the date of death of Plaintiff
no.1(A). Therefore, I am inclined to allow draft chamber
summons. Hence, pass following order.
ORDER
1. Draft Chamber summons is allowed and made absolute in
terms of prayer clauses (a) to (c).
2. Plaintiff no.1(B) and 1(C) to carry out necessary amendment
in cause title within period of 7 days from the date of order.
3. Draft chamber summons be registered for statistical purposes.
Accordingly, draft Ch/s is disposed off.
With consent of counsel for parties, matter is referred to Lok
Adalat to be held on 14.09.2019.
They are intimated to inform their parties to remain present
before Lok Adalat.
Adj for compliance to 19.09.2019.
Judge
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