Final Order 1

Order Details: Chamber summons
Pdf Text: Adv. Sujay Prabhu i/b Adv. M.P Vashi for plaintiff is present.
None for defendant.
Adv.for plaintiff has tendered original registered CH/S No. 2000/19 along with the
affidavit of service. TOR.
Order below CH/S No.2000/19
Perused the Chamber Summons which is supported by an affidavit. Heard Adv.for
the plaintiff. The plaintiff has also filed the affidavit of service of Chamber
Summons. The copy of death certificate shows that defendant no. 2 Subhash Mhatre
expired on 23.05.2012 and the plaintiff became aware of the said fact only on
17.09.2019 when the other side advocate informed about the same. Hence, there
are sufficient grounds for condoning the delay. Considering the nature of the suit
the LRs of late defendant no. 2 are necessary to be brought on record after his death
the reasons mentioned in Para No.2 to 5 are sufficient to condoned the delay and to
bring the LRs of defendant no. 2 on record in the interest of Justice. Hence, I pass
the following order:
ORDER
Chamber Summons No. 2000/19 is allowed and made absolute terms of prayer
clause (a) to (c).
The plaintiff to carry out the amendment within two weeks and shall serve the copy
of amended plaint upon the defendants within two weeks thereafter.
Chamber Summons is disposed of accordingly.
-- 1 of 1 --