Date: 03-01-2020
Business: Court is Vacant
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdwon due to Covid 19
Next Purpose: C/S HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: C/S HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 16.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Both the parties and Adv. are absent.
Adjd for CH/S hearing on 03.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None present.
KB LO at 3.32 p.m.
None for plaintiff.
Adv. Anoop Sharma for defendant no. 1 is present.
Order below CH/S no. 2311/19
Perused the Chamber Summons which is supported by an affidavit. I have heard Ld. Adv. Shri Sharma for the defendant. The defendant has no objection for allowing the Chamber Summons. The Chamber Summons is also supported by the copy of death certificate which shows that Plaintiff Rajendra Singh Sohel has expired on 04.10.2016. Regarding the delay all the legal heirs have file an affidavit and the contents of Para no. 4 to 9 shows the bonafied reasons for not filing the Chamber Summons within the stipulated time. The right to sue survives in favour of the legal heirs for continuing the suit. Even otherwise there being no objection, for continuing the suit the Chamber Summons needs to be allowed. Hence, I pass the following order-
ORDER
The Chamber Summons No. 2311/19 is allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of cost of Rs. 1000/- to DLSA, Mumbai within one month. The applicant to carry out the amendment within one month and shall served the copy of amended plaint upon the defendants.
Nature Of Disposal: ALLOWED
Disposal Date: 03-02-2021