Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101776/2019
1.Shri. Ramesh Jamatraji Shah 2. Manoj Sagarmal Bokadia Vs M/s. Deeplaxmi
Builders and Ors.
Date : 04022023
Business : Adv. Barot for plaintiff is present. None present for
defendant. The Ld.Adv.for plaintiff has filed an
application for removing the matter from the
caption of dismissal t.o.r marked as Exh.5. O
Considering the submissions matter is removed
from the caption of dismissal. Heard Ld.Adv.for
plaintiff. Order below CH/S No. 1776/19 The
plaintiff has taken out present chamber summons
for bringing the LRs of defendant no. 5 and to the
name of defendant no.2. It is submitted that during
pendency of suit defendant no.2 and defendant no.
5 died. It is contended that defendant no.2 has no
issue, hence name of defendant no.2 needs to be
deleted. The defendant no. 5 died leaving behind
proposed defendant no. 5(a) as his Legal heirs
/legal representative. Inspite of service defendants
failed to file reply. It is to be seen that right to sue
and to be sued survive in favour of proposed
defendant no. 5(a), hence in my view it is necessary
to bring him on record being legal heir/ legal
representative of deceased defendant no. 5. Hence,
the following order ORDER 1. Chamber Summons
No. 1776/2019 stands allowed and made absolute
in terms of prayer clause (a) and as per scheduled
there. 2. The plaintiff to carry out amendment
within 14 days. 3. Chamber summons stands
disposed of.
Nature of Disposal : ALLOWED
Disposal Date : 04022023
COURT 01 ADDL SESSIONS JUDGE
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