Date: 17-10-2019
Business: Advocate Amruta Sawant for Plaintiff present and filed registered Chamber Summons no.1662/2019 with affidavit in support, t.o.r.
Advocate for Defendant no.2 present and filed vakalatnama for Defendant no.2, t.o.r. O-Filed.
Plaintiffs advocate filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Plaintiff is directed to serve copy of Chamber Summons and NM upon other side.
Case is adjourned to 06/12/2019 for Service/hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Advocate Ms. Amruta Sawant for Plaintiff present
Advocate Ms. Apara Awas for Defendant no.2 present
None present for applicant in Chamber Summons no.1756/14. It is made clear that, if on next date, applicant will not argue Chamber Summons, court will be compelled to dispose it of.
Advocate for Defendant no.2 filed pursis contending that Defendant is not contesting Chamber Summons no.1662/19 because Defendant no.2 is the only legal heir of deceased Defendant no.1. Death certificate of deceased Defendant no.1 is also filed with the pursis showing that Defendant no.1 died on 20/05/2019. As Defendant no.2 is not contesting Chamber Summons, I proceed to pass following order-
ORDER
1. Chamber Summons no.1662 of 2019 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to delete name of Defendant no.1 and to show Defendant no.2 as Legal heir of Defendant no.1.
3. Amendment to that effect be carried out in the plaint within stipulated time provided by law.
Advocate for Defendant no.2 submitted that after the amendment in plaint will be carried out, as per order in Chamber Summons no.1662/19, Defendant no.2 will file reply to NM no.3449/19.
Copy of death certificate is served by advocate for Defendant no.2 upon Plaintiff\''s advocate.
Case is adjourned to 20/12/2019 for order on Chamber Summons no.1756/14 and reply of NM no.3449/19.
Nature Of Disposal: ALLOWED
Disposal Date: 06-12-2019