Final Order 1

Order Details: Chamber summons
Pdf Text: 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.
The matter is adjd for compliance to 20.03.2020 at 02.45 pm.
Judge
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