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Court Order

Final Order 1

CNR MHCC01009656201918 Oct 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 18 Oct 2019 · CNR MHCC010096562019

Order Details: Other
Pdf Text: 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&amp#039Silva 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&amp#039s 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.
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