Final Order 1

Order Details: Chamber summons
Pdf Text: Dt: 220221
C/s 1852/19
In
Suit: 723/91
CORAM : R.M.SADRANI ( C.R. NO.07)
Adv Bharat Vaishnava for plaintiff present.
Adv Apurva Kulkarni for defendant no.1,2, 5 and 9
present.
Perused the C/s moved by plaintiff. Heard both side.
C/s is moved for bringing the legal representative of
defendant no.11 on record. As per the affidavit Exh4 and
postal acknowledgment on record reflects that
respondent no.1 to 4 received the postal envelop.
However remained absent. Adv for the plaintiff submitted
that plaintiff came to know about the death of defendant
no.11 for the first time on 10/06/2019 from the letter
issued by advocate for defendant no.11 and present C/s
was moved on 09/10/2019. He submitted that there is no
delay if any requires to be condoned.
Adv for defendant no.1, 2 and 5 to 9 submitted to pass
suitable order.
In view of above submissions considering the death
certificate of the defendant no.11 filed with C/s and in
view of the above facts I passed following order
O R D E R
1. C/s 1852 of 2019 is hereby allowed in terms of
prayer clause b and c.
2. Delay in filing C/s is hereby condoned.
3. C/s disposed off accordingly.
Matter adjd for compliance on 03/04/2021.
Judge.
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