Final Order 1

Order Details: Chamber summons
Pdf Text: 27 21.03.2022
SU 3016/14
CS 2198/19
Exh. 5 to 8.
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv. Aditya Khare pltff present.
Adv. Lanjekar for all respondents in CS No. 2198/19 present and
filed four VP . TOR. Marked as Exh. 5 to 8.
Adv for respondent filed reply to CS No. 2198/19. TOR. Copy
served to other side.
Heard both the advocates.
Order below CS No. 2198/19
Perused the CS which is supported by an affidavit of pltff Mohd.
Akhtar. Also perused the reply on affidavit by the respondents.
Heard ld advocates of both the sides. It is not disputed that deft
no. 1 has expired. Deft in reply has filed copy of death certificate
issued by UP Government which shows that deft no. 1 has
expired on 04/06/2017. Considering the nature of the suit it is
necessary to bring the legal heirs on record. Justified reasons are
mentioned in affidavit in support of CS as the pltff were not
aware of the death of the deft no. 1. It also shows that after
having the knowledge immediately the CS has taken out. Hence
in the interest of justice I pass the following order.
ORDER
1. CS No. 2198/19 is allowed and made absolute in terms of
prayer clause (a) to (c).
2. Pltff to carry out the amendment within 3 weeks and shall
supply the copy of amended plaint to the defendants within 5
weeks thereafter.
3. Accordingly CS No. 2198/19 stands disposed of.
Matter is adjd to 06/07/2022 for compliance.
Judge
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