Final Order 1

Order Details: Other
Pdf Text: 06/08/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
59
SU 6387/04
None present for both the parties.
K.B.
L.O. at 5.00 p.m.
Argument of adv. for the plff is heard in Ch/s NO.2252/2019 on
30.06.2021 and matter was adjourned for argument of defendant.
Despite granting several opportunities, defendant failed to argue
said Ch/s. They also failed to file reply to the said Ch/s. It is
mentioned in the affidavit filed in support of ch/s that plff no.3
Ravindrakumar Sharma expired on 03.12.2016 and he is survived
by his widow only. It is contended in the affidavit filed in support
of ch/s that the delay caused in taking out the Ch/s is not
intentional. Ch/s is taken out on 06.12.2019. Apparently there is a
delay however, it does not appear that the delay is intentional.
The contention is raised about the death of plff no.3 is supported
by copy of death certificate. Since there is no resistance to the
Ch/s, this Court is of the opinion that there is sufficient cause to
condon the delay and allow the plaintiffs to bring on record the
HLR of deceased plaintiff NO.3. Thus Chamber Summons
NO.2252/2019 is allowed.
Plaintiffs shall carry out the amendment as per the schedule
within two weeks from today.
Matter is adjd. for compliance to 20.09.2021.
Judge
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