Final Order 1

Order Details: Other
Pdf Text: 19.10.2019
SU 9699/93
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Kavita Saha for defendant present.
Adv. Anamika Tiwari for plaintiff present.
Plaintiff tendered draft Chamber summons t.o.r
O Leave granted to register it
Copy given to other side.
Reply filed by defendant on draft Ch/S itself.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft chamber summons, affidavit in support of it,
reply of the defendants and plaint. Heard respective counsel for
parties.
Draft chamber summons is taken out by plaintiffs for
carrying out amendment in the plaint as per schedule annexed
to chamber summons. Plaintiffs have sought deletion of name of
defendant No.1 and to substitute name of his legal
representative on record and consequential amendment in the
form of para 2B as a result of original defendant No.1 Kiran
Ramrao Parelkar. Accordingly, plaintiffs have prayed to allow
chamber summons in above terms.
Defendants filed reply and left it to the discretion of this
Court.
In fact, plaintiffs want to bring legal representative of
deceased defendant No.1 on record as defendant No.1 died on
31.08.2019. Present chamber summons is taken out within
period of 90 days from the date of death of defendant No.1.
Further plaintiffs also want to incorporate pleadings by way of
proposed para 2B which is consequential to the death of
defendant No.1. In my view, proposed amendment is essential
and necessary to bring on record legal representative of
deceased defendant No.1 and to incorporate pleadings
consequential to the death of defendant No.1. Hence, I am
inclined to allow draft chamber summons and pass following
order:
ORDER
1. Draft chamber summons is allowed and made absolute in
terms of prayer clause (a).
2. Plaintiffs are directed to carry out necessary amendment as
per schedule within period of two weeks from the date of this
order and to place copy of amended plaint on record and be
served upon legal representative of deceased defendant No.1.
3. Draft chamber summons be registered for statistical purpose.
4. Accordingly, draft chamber summons is disposed off.
Adjourned for direction to 28.11.2019
Judge
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