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Court Order

Final Order 1

CNR MHCC01012612201922 Jan 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 22 Jan 2020 · CNR MHCC010126122019

Order Details: Chamber summons
Pdf Text: Adv. Naraynan for plaintiff present.
Adv. Rajesh Patil for respondents in Ch/sum present.
Adv. for plaintiff tendered registered Ch/sum no.2176/19. T.O.R.
Vakalatnama filed by Adv. Mr. Patil. T.O.R.
O. - Seen and filed. (As record is sent to the Hon'ble High Court and therefore, Vakalatnama is
marked as Exh.A )
ORDER IN CH/SUM NO.2176/2019
Read Ch/sum. Heard. The Ld. Counsel for the plaintiff submitted that deft. no.2 expired on
03.09.2019 and the same was communicated by the erstwhile counsel of the deft. no.2. The counsel
for plaintiff submitted that Ch/sum for substitution of L.R.'s is within limitation.
By this Ch/sum, there is no substantial amendment. The amendment is necessary in view of death
of deft. no.2. The Ch/sum is tendered within the period of limitation hence, needs consideration.
Therefore, it is expedient to pass the following order.
ORDER
1. Ch/sum No.2176/2019 is made absolute in terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment within a period of four weeks.
3. As the record is not available, Registrar to take steps to call the record from the Hon'ble High
Court for carrying out the amendment and after the compliance, immediately transmit it to the
Hon'ble High Court.
4. Ch/sum No.2176/2019 is disposed off accordingly.
The matter is adjd for compliance to 27.02.2020.
Judge
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