Date: 06-01-2020
Business: Advocate Ms. Surbhi Gujar for Plaintiff present and filed registered Chamber Summons no.2287/2019 with affidavit in support, t.o.r. and submitted that copy of Chamber Summons is served upon Defendants. Advocate for Plaintiff submitted that
Defendant no.2 and 3 with advocate Mr. Arun Nile present and sought time to file Chamber Summons reply. Considering submissions adjourned.
Case is adjourned to 17/02/2020 for Chamber Summons for reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate Harish Pawar for Plaintiff present
Advocate Arun Nile for Defendant no.2 and 3 present
Defendant no.4 present.
Heard.
ORDER ON CH/S NO.2287/19
This Chamber Summons is taken out for deleting name of Defendant no.1 from the plaint as she died on 09/11/2019. T his Chamber Summons is taken out on 18/12/2019 i.e. even within 1 month from the death of Defendant no.1. Copy of death certificate of Defendant no.1 is annexed to the affidavit filed in support of Chamber Summons. Advocate for Defendant nos.2 and 3 submitted that on next date, Defendant no.2 and 3 will file their reply to the Chamber Summons, however considering the fact that suit can not proceed against deceased Defendant and considering fact that her LRs are already on record, I find that no harm will be caused to remaining Defendants if the Chamber Summons will be allowed. Not only it, the unnecessary delay in the matter can be avoided by making absolute the Chamber Summons. Considering contentions raised by Plaintiff, I find that reply of Defendant no.2 to 4 is not necessary for decision of this Chamber Summons. Hence I proceed to pass following order-
ORDER
1. Chamber Summons no.2287 of 2019 is made absolute in terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is further directed to serve the copies of amended plaint upon Defendant nos.2 to 4 and to file typed copy of amended plaint for the record of the court.
Case is adjourned to 23/04/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 17-02-2020