Final Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101941/2019
1.Mr. Clarry Gasper Rodrigues 2.Mrs. Sarah Clarry Rodrigues Vs 1.Mr. Thomas Sebastian Gomes
2.The State of Maharashtra 3.The Joint Sub Registrar of Assurances
Date : 01-07-2022
Business : None present for plaintiff. None present for defendant. As
plaintiff and his adv.are absent. Matter adjourned for
dismissal order to 29.07.2022. Lo at 3.40 p.m. Adv.
Sangram Yadav for plaintiff is present. Proposed plaintiff
no.1(a) is present. Heard argument of Ld. Adv.for plaintiff
and proposed plaintiff on CH/S no. 1941/19. As defendant
were absent, they could not be heard. Following order is
passed on CH/S No. 1941/19- Order below CH/S
No.1941/19 Perused the chamber summons affidavit in
support of chamber summons and record. Heard Ld.
Adv.for plaintiff and proposed plaintiff. From the copy of
death certificate annexed with affidavit in support of
chamber summons it appears that plaintiff no.1 expired on
13.05.2019. The proposed plaintiff no.1 (a) is present in the
Court and he has submitted that chamber summons may be
allowed and he and proposed plaintiff no. 1(b) are the
LR&amp#039s of deceased plaintiff. Right to sue
survive in favour of proposed plaintiff. The proposed
plaintiff have no objection for condonation of delay also.
By the present amendment the plaintiff want to bring on
record LR&amp#039s of deceased plaintiff no.1. The
proposed amendment is necessary and no prejudice is likely
to be caused to the defendants. Therefore, considering the
matter on record present chamber summons deserves to be
made absolute. Hence, Court proceed to pass the following
order. ORDER 1. Chamber Summons No. 1941/2019 is
made absolute. 2. Plaintiff shall carry out amendment as
per schedule within fourteen days from the date of this
order.
Nature of Disposal : ALLOWED
Disposal Date : 01-07-2022
COURT 08 ADDL SESSIONS JUDGE
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