Date: 02-11-2019
Business: Adv. Jaiswal for plaintiff present.
Adv. Bhandari for defendant present.
Affidavit in rejoinder filed by plaintiff.
Copy given to other side.
Plaintiff tendered original Chamber Summons No.1917/19 t.o.r
Copy is given to other side.
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LO
ORDER PASSED BELOW CHAMBER SUMMONS NO.1917 OF 2019
Perused chamber summons, affidavit in support of it and reply of defendant.
Applicants have taken out present chamber summons to bring their names on record as plaintiff Nos.1(e) to 1(h) being legal representatives of deceased plaintiff No.1(b) Ashok Bhavarilal Bohra alias Damani by carrying out amendment in the cause title of the plaint.
It is the contention of applicants that plaintiff No.1(b) expired on 31.07.2019. He was husband of applicant No.1 and father of other applicants. Therefore, it is necessary to bring them on record in place of deceased plaintiff No.1(b) to prosecute the present case on his behalf. Accordingly, applicants urged in above terms.
Defendants filed their reply on chamber summons itself and leave it to the order of this Court.
On perusal of death certificate of deceased plaintiff No.1(b) Ashok Damani it reveals that he died on 31.07.2019. Present chamber summons is taken out on 23.10.2019 i.e. within prescribed period of 90 days from the date of death of plaintiff No.1(b) so it is within limitation. Applicants claimed to be legal heirs of deceased plaintiff No.1(b) so it is just to permit to bring their names being legal representative of deceased plaintiff No.1(b) on record. Therefore, I am inclined to allow present chamber summons. Hence, pass following order
ORDER
1. Chamber Summons No.1917 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Plaintiffs are directed to carry out amendment in the cause title of the plaint within period of two weeks from the date of this order as per schedule annexed to chamber summons.
3. Accordingly, chamber summons is disposed off.
Adjourned for NM hearing to 27.11.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2019