Final Order 1

Order Details: Other
Pdf Text: 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.
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