Final Order 1

Order Details: Chamber summons
Pdf Text: 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.
Adv. for the defendant no. 1 has filed the pursis on record intimating that the name
of Defendant no. 1 is changed. The pursis now marked at Exh.16.
The concerned to take the steps.
Matter be kept for compliance/steps on 26.02.2021.
Adjd for compliance/steps on 26.02.2021.
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