Date: 19-10-2019
Business: Adv. Kavita Saha for plaintiff present.
Adv. Anamika Tiwari for defendant 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 legal representative of plaintiff No.1 for carrying out consequential amendment and to add her as party plaintiff No.1a in present suit as per schedule annexed to chamber summons. It is contended that plaintiff No.1 Kiran Parelkar died on 31.08.2019 and she is legal heir and representative of deceased Kiran Parelkar being his sister. Accordingly, she made prayer in above terms.
Defendants filed reply and left it to the discretion of this Court.
On Perusal of copy of death certificate of deceased plaintiff No.1 it is clear that he died on 31.08.2019 and present draft chamber summons is taken out within prescribed period of 90 days from the date of death of plaintiff No.1. That being so, applicant claims to be legal representative of deceased plaintiff no.1 draft chamber summons deserves to be allowed. Hence, 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.
3. Draft chamber summons be registered for statistical purpose.
4. Accordingly, draft chamber summons is disposed off.
Adjourned for direction to 28.11.2019
Nature Of Disposal: ALLOWED
Disposal Date: 19-10-2019