Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0102007/2019
Shri. Ranjitrai Hargovind Das Rathod - Applicant - Sanat Ranjitrai Rathod Vs M/s. M.B. Development Corporation And Ors
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 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&amp#039s advocate as well as
Defendant&amp#039s 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 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
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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
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