Date: 14-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 23.03.2022 for taking steps.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Gupta present for plaintiff and he tendered original registered Chamber Summons No. 1922/21 @ affidavit. t.o.r. .
He also tendered affiavit of sevice. t.o.r.
None present for defendant.
Matter adjourned for cs reply to 08/06/22.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant no. 3/MHADA and submitted that defendant no. 03 don\''t want to file reply to the chs. 1992/2021.
None present for other defendants.
Inspite of opportunity defendants and respondents failed to file reply to the chs. Hence, chs. no. 1922/2021 be proceeded without reply.
Matter adjourned for chs hearing to 26/07/22.
Next Purpose: C/S HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant 03/MHADA.
Adv. Chandramore present for defendant 02/MCGM.
Adv. Ashish Gupta present for the plaintiff.
Kb
l.o. at 05.23 pm.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendant no. 02 and 03 on chs. no. 1922/2022.
Following order is passed on chs. no. 1922/21.
Order- Perused the chamber summons, affidavit in support of chamber summons and record. Heard ld. Adv. For plaintiff and ld. Advocate for defendant no. 02 and 03. As defendant no. 01 and 04 and proposed defendants were absent, they could not be heard.
By the proposed amendment, plaintiff want to bring on record, the legal representatives of deceased defendant no. 01. From the affidavit in support of chamber summons and copy of death certificate annexed therewith. It appears that, defendant no. 01 expired on 14/09/2020. The date of death of defendant no. 01 and fact that, the proposed defendants are his legal representatives is not disputed. Therefore, the proposed defendants appears to be legal representatives of defendant no. 01. From the record, it appears that, plaintiff had tendered the present chamber summons on 25/11/21. It is admitted fact that, as per order of Hon\\\''ble Appex Court passed in Sue Motu writ petition no. 03/2020 dt. 23/03/2020, the Hon\\\''ble Appex Court has extended the period of limitation prescribed under the general and special laws from 15/03/2020 till 28/02/2022. Thus, it appears that, present matter comes within purview of the period during which the period of limitation was extended. As such the present chamber summons is taken out within prescribed period. Right to sue survives again the legal representatives of defendant no. 01.
Considering the matter on record and above discussion present chamber summons deserves to be made absolute.
Hence, court proceeds to pass the following order.
ORDER
1) Chamber Summons No. 1922/2021 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
3) Chamber Summons No. 1922/2021 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties.
Matter adjourned for compliance to 17/08/22.
Nature Of Disposal: ALLOWED
Disposal Date: 26-07-2022