Date: 19-08-2019
Business: None present for Plaintiff.
Advocate (Legal aid) Sanika Mehta for Defendant no.2 present
Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 08/11/2019.
L.O. at 5.30 p.m.
Advocate Mr. Bijlani for Plaintiff filed registered Chamber Summons no.1518/2019 with affidavit in support, t.o.r. Mr. Bijlani pointed out that advocate Ms. Sanika Mehta who has appeared informing that she is appointed for legal aid for Defendant no.2 has not filed her vakalatnama in the matter. It is submitted that Defendant no.2 is already dead and Chamber Summons is taken out for brining his LRs on record hence no question arises for appointing lawyer from free legal aid from deceased Defendant no.2. According to advocate Mr. Bijlani the date of the matter is adjourned to 08/11/2019 even though Plaintiff and Defendant nos.1 and 3 are ready to file reply of Chamber Summons no.1518/19 on 17/10/2019. From submissions made by advocate Mr. Bijlani it becomes clear that advocate Ms. Sanika Mehta has no concern with this suit and for changing convenient date for Plaintiff and contesting Defendants, presence of advocate Ms. Sanika Mehta is not necessary therefore the date of this suit is preponed to 17/10/2019. Plaintiff is directed to inform contesting Defendant nos.1 and 3 by issuing notice to them that the date of this suit is preponed to 17/10/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Advocate Manish Rai for Plaintiff present
Advocate Arun Mehta for all 3 LRs of Defendant no.2 present
Advocate Sadhna Patel for Defendant no.3 present
Learned advocates for Defendant no.2 and 3 submitted that as the Chamber Summons taken out by Plaintiff is for prayer for bringing LRs of deceased Defendant no.2 on record, LRs of Defendant no.2 and Defendant no.3 are not intending to file reply to Chamber Summons no.1518/19.
Heard advocate for Plaintiff as well as advocate for LRs of deceased Defendant no.2 and advocate for Defendant no.3. Both of them submitted that Defendant no.2 died on 24/07/2017 and delay of 312 days has caused for bringing his LRs on record. As LRs of deceased Defendant no.2 have not resisted Chamber Summons, I find that Chamber Summons can be made absolute however for condoning delay, Plaintiff can be directed to pay cost of Rs.3000/- to LRs of deceased Defendant no.2. Hence I proceed to pass following order -
ORDER
1. Chamber Summons no.1518 of 2019 is made absolute in terms of prayer clause (a) to (c).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is further directed to serve the copies of amended plaint upon LRs of deceased Defendant no.2 and to file typed copy of amended plaint for the record of the court.
Case is adjourned to 16/12/2019 for Compliance and NM reply.
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2019