Final Order 6

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 1
IN
R.A.D. SUIT NO.185 OF 2021
(CNR : MHSCA3-000337-2021)
Mr. Dilip Chunnilal Gupta s/o late Chunnilal Gupta … Plaintiff
V/s.
Mr. Ghanshibhai R. Shah and ors. ... Defendants
Coram : A. J. Fatale,
Judge, C.R.No.32 (B.B.),
Date : 19.01.2026
ORAL ORDER :
Plaintiff and his advocate are absent today. On perusal of
record, it appears that today the matter is for compliance of order
below Exh.14 and for taking steps by plaintiff as defendant No.1
expired. Application Exh.14 was filed by advocate of plaintiff on
06.02.2025 to remove the matter from dismissal order caption. The
plaintiff was filed application Exh.11 to extend time for carrying out
amendment as per order dated 22.07.2022 below Exh.10. Said
application came to be allowed and time was granted to the plaintiff
for carrying out amendment till next date i.e. 19.12.2022. The
advocate for plaintiff again filed application at Exh.14 and the said
application was allowed subject to costs of Rs.500/-. Even thereafter
also, the plaintiff neither complied the costs nor filed on record copy
of amended plaint till today. It is pertinent to note here that advocate
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for defendant No.2 filed pursis Exh.15 on 07.07.2025 informing
about the death of defendant No.1 and names of his heirs and legal
representatives, also annexed copy of death certificate of defendant
No.1. Defendant No.1 appears to be died on 10.01.2024. More than
90 days period is over from filing pursis Exh.15. So, it appears from
conduct of plaintiff that he is not interested to proceed with the suit.
Hence, I pass the following order :-
ORDER
1. The suit is abated against defendant No.1.
2. The suit is dismissed against defendant
Nos.2 and 3 for want of filing amended
copies of plaint on record by the plaintiff.
3. Accordingly, proceeding stands closed.
(A. J. Fatale)
Judge, C.R.No.32 (B.B.)
19.01.2026
Dictated on : 19.01.2026
Checked & signed on : 19.01.2026
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