Date: 27-09-2019
Business: Adv. Parab for plaintiff present.
Defendant no. 1 present.
Registered Chamber summons no. 1712/19 tendered by the plaintiff.
Adjourned for reply to chamber summons to 22.11.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Reshmi Parab for plaintiff present.
Defendant present. Defendant seeks time to file reply to chamber summons.
Adjourned for reply to chamber summons to 15.1.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv.Mr.Tiwari for plaintiff in counter claim present.
Adv.Mr.Patil for deft. present.
VP filed on behalf of defendant in Counter claim.
The matter is adjd for Reply and Hearing to 04.02.2020 at 2.45 pm.
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Tiwari for plaintiff present.
Adv. Dhuri h/f. Balbhim Patil for deft. present.
Heard.
ORDER ON CH/SUM NO.1712/2019
Heard. By this Ch/sum, the plaintiffs (original defts.) to the counter claim wish to bring the legal heirs of plaintiff no.1 who expired on 14.11.2018. The defts. to the counter claim has not filed reply. The plaintiff no.1 expired on 14.11.2018 leaving behind the plaintiff no.2, 3, 4 and the respondents as his legal heirs. The contention of the plaintiff is that the plaintiff no.1 started residing in U.P. and therefore, the advocate was not informed about the death. There is delay of 285 days. The plaintiffs prayed for condoning the same.
There is nothing from the side of the deft. to oppose the contention of the plaintiff in the Ch/sum. The Ch/sum is necessitated due to the death of plaintiff no.1. No doubt there is delay of 285 days but the same cannot be the reason for rejecting the Ch/sum and particularly when the deft. has not filed reply. The plaintiffs have made out sufficient cause for explaining the delay. The delay does not appear to be deliberate and intentional. The amendment is not substantial in nature and no prejudice would be caused to the deft., if the Ch/sum is allowed. Considering all these aspects, it is just and expedient to pass the following order.
ORDER
1. Ch/sum No.1712/2019 is made absolute in terms of prayer clause (a) and (b) and the abatement is also set aside.
2. Plaintiff in counter claim to carry out necessary amendment within two weeks from today.
3. Ch/sum No.1712/2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-02-2020
