Date: 18-10-2019
Business: Advocate Joshi for Plaintiff present and filed registered Chamber Summons no.1711/2019 with affidavit in support, t.o.r.
None present for Defendant.
K.B. at 2.45 p.m. as Chamber Summons is pending.
L.O.
Advocate Joshi for Plaintiff present
Advocate Solanki for Defendant no.2 present
Advocate Siddhiqi for Defendant no.1 present
Advocate D\''Silva for Defendant and 4(A to C) present
Advocates for Defendants submitted that they do not want to file reply to Chamber Summons.
ORDER ON CHS NO.1711/19
Plaintiff has taken out this Chamber Summons for deleting name of Defendant no.3 as said Defendant died on 01/02/2019. Copy of death certificate of Defendant no.3 Shyamji Gupta is filed on record to show is date of death as 01/02/2019. this Chamber Summons was filed on 23/09/2019, hence already proceeding against Defendant no.3 is abated therefore there is no harm in deleting name of Defendant no.3 from Defendant\''s array showing that he is dead and proceedings against him are abated. Hence, I proceed to pass following order-
ORDER
1. Chamber Summons no.1711 of 2019 is made absolute in terms of prayer clause (a) and (b).
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 contesting Defendants and to file typed copy of amended plaint for the record of the court.
Case is adjourned to 17/12/2019 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 18-10-2019