Final Order 1

Order Details: Chamber summons
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0102287/2019
Ahmed Yusuf Turk Vs Nasreen Yusuf Turk and Ors.
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
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