Date: 18-10-2019
Business: Adv. M. R. Chouhan for plaintiff present.
Adv. Ashish Mishra for defendant nos. 5, 12 to 18, 24, 25, 30 to 34, 36 to 42, 45 and 46 present.
Plaintiff tendered registered CS no. 1609/19 and 1610/19. TOR.
Adjourned for filing affidavit of service to the proposed legal heirs to 22.11.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. M. R. Chauhan for plaintiff present.
Affidavit of service filed by the plaintiff.
Proposed defendant no. 4(c) present. He seeks time to engage advocate and to file reply on Chamber summons
Adjourned for reply to Chamber Summons by defendant no. 4(c) to 17.1.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Chouhan for plaintiff present.
None for deft.
Plaintiff filed affidavit of service in Ch/sum no.1609/19 and also in ch/sum no.1610/19. T.O.R.
None present on behalf of proposed L.R.\''s of deft. nos.1 and 4.
ORDER IN CH/SUM NO.1609/19
Heard. This Ch/sum is for bringing legal heirs of deft. no.1 on record. The Ch/sum is not opposed either by other defendants or by the proposed L.R.\''s of deft. no.1. It is the contention of the plaintiff that deft. no.1 Madhukar Patil expired on 23.09.2017. The information of the same came to the advocate of plaintiff on 06.08.2018. The Ch/sum is filed in August 2019, almost after a period of one year of getting the information. The contention of the plaintiff is that the death certificate was received after a considerable period. The plaintiff prayed for condoning the delay.
The delay is of 730 days in bringing the L.R\''s. The Ch/sum is not opposed by the other defendants and respondents. There should not be hyper-technical and pedantic approach in dealing with such Ch/sum. No prejudice would be caused to the defts. if L.R.\''s of deft. no.1 are joined as party. In the interest of justice, Ch/sum needs consideration and it is expedient to pass the following order.
ORDER
1. Ch/sum No.1609/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.500/- to be deposited with the legal aid within a period of two weeks.
2. Plaintiff to carry out necessary amendment within a period of 14 days from today.
3. Ch/sum No.1609/19 is disposed off accordingly.
ORDER IN CH/SUM NO.1610/19
Heard. This Ch/sum is for bringing legal heirs of deft. no.4 on record. The Ch/sum is not opposed either by other defendants or by the proposed L.R.\''s of deft. no.4. It is the contention of the plaintiff that deft. no.4 Manohar Patil expired on 07.04.2017. The information of the same came to the advocate of plaintiff on 06.08.2018. The Ch/sum is filed in August 2019, almost after a period of one year of getting the information. The contention of the plaintiff is that the death certificate was received after a considerable period. The plaintiff prayed for condoning the delay.
The delay is of 880 days in bringing the L.R\''s. The Ch/sum is not opposed by the other defendants and respondents. There should not be hyper-technical and pedantic approach in dealing with such Ch/sum. No prejudice would be caused to the defts. if L.R.\''s of deft. no.4 are joined as party. In the interest of justice, Ch/sum needs consideration and it is expedient to pass the following order.
ORDER
1. Ch/sum No.1610/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.500/- to be deposited with the legal aid within a period of two weeks.
2. Plaintiff to carry out necessary amendment within a period of 14 days from today.
3. Ch/sum No.1610/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-03-2020
