Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Advocate Ms. Sapna Tawar for Plaintiff present
Clerk of advocate for Defendant present and requesting to keep the matter back.
K.B.
L.O. at 4.10 p.m.
ORDER ON CHS NO.2007 OF 2019
This Chamber Summons is taken out by applicant Sanat Rathod for allowing him to delete name of original deceased Plaintiff and to bring on record name of applicant in place of deceased Plaintiff because applicant is Legal representative and son of original deceased Plaintiff. As mentioned in the affidavit filed by applicant in support of Notice of Motion the original Plaintiff died on 07/10/2019 leaving behind applicant, his 3 brothers namely Bhupendra Rathod, Anup Rathod, Paresh Rathod and one sister Smt. Vandana Khatri as heirs and legal representatives of deceased Plaintiff, hence according to applicants, Chamber Summons is necessary to be allowed.
Mr. Laxminarayan Rathod, Partners of Defendant no.1 has filed his affidavit in reply and resisted Chamber Summons contending that applicant alone is not legal heir of deceased Plaintiff and 3 other brothers and sister of applicant are also heirs and legal representatives of original Plaintiff.
Heard applicant\''s advocate as well as Defendant\''s advocate. Perused plaint which is for declaration that agreement dated 09/05/2012 between original Plaintiff and Defendants is valid and subsisting and for directions to Defendant to execute and register an agreement for permanent alternate accommodation with respect to suit premises in favour of Plaintiff. Considering the prayer clause (a) and (b) of the plaint, I find that all the legal heirs of original Plaintiff are necessary to be brought on record because all those legal heirs also may be entitled for declaration as sought by applicant and they also may be entitled for permanent alternate accommodation in respect of suit premises. Hence, to avoid further disputes between applicant and his brothers and sister, I find that this Chamber Summons can be allowed with the directions to applicant to delete name of original Plaintiff and to impleade himself along with his 3 brothers and 1 sister in place of original Plaintiff as heirs and legal representatives of Plaintiff because names of those brothers and sister of applicant are appearing in para no.4 of the affidavit filed in support of Chamber Summons. Hence, I proceed to pass following order-
ORDER
1. Chamber Summons no.2007 of 2019 is made absolute in terms of prayer clause (a) and (b) with further direction to applicant to implead names of his 3 brothers i.e. Bhupendra Rathod, Anup Rathod, Paresh Rathod and one sister Smt. Vandana Khatri as heirs and legal representatives of deceased Plaintiff along with applicant.
2. Applicant is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Applicant is further directed to serve the copies of amended plaint upon Defendants and to file typed copy of amended plaint for the record of the court.
Defendants advocate made it clear that while Defendants are intending to file Written Statement, meanwhile Plaintiff expired and now court has allowed Chamber Summons for bringing on record LRs of original deceased Plaintiff by deleting name of original Plaintiff, hence Defendants will file their Written Statement in the matter after amendment will be carried out in the plaint and copy of amended plaint will be served upon Defendants or their advocate. It is made clear that, Defendants right to file Written Statement beyond statutory time limit is automatically extended due to unfortunate death of Plaintiff.
Case is adjourned to 22/04/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 26-02-2020