Final Order 1

Order Details: Chamber summons
Pdf Text: 04/01/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
55
SU 1190/18
Adv Mr. Wasim Ansari present for plff.
Adv Mr. M.A. Khan present for deft.No.1 and gave oral undertaking
that he will file vakalatnama on behalf of the proposed legal heirs of
deceased deft No.1. His oral undertaking is accepted. He endorsed on
Ch/s No.2267/2019 that heirs of deft No.1 have no objection to allow
the ch/s.
Other defts failed to file reply.
Heard.
The statement made in the affidavit filed in support of the Ch/s about
causing death of deft No.1 is supported by the copy of death
certificate produced in connected suit No.2399/2017 which shows that
deft No.1 has expired on 04.02.2019. It does not appear that the
delay in bringing on record HLRs of deceased deft No.1 is intentional.
Considering it and the no objection endorsed on the ch/s by the ld.
Advocate for the proposed legal heirs of deceased deft No.1, Ch/s
No.2267/2019 is allowed in terms of its prayer clauses “a” to “c”.
Plff to carry out amendment as per the schedule within two weeks
from today.
Adv for the plff endorsed on Ch/s No.1798/2018 that plaintiff has
no objection to allow the ch/s subject to consent terms to be filed on
next date. Adv for deft No.1 has also endorsed no objection on the
said Ch/s. As nobody is present for the applicant in said ch/s, it be
kept for hearing on next date.
Matter is adjd. for ch/s hearing to 12.01.2022.
Judge
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