Order 8

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 23
IN
R.A.D. SUIT NO. 216 OF 2021
[ CNR No.:- MHSCA3-000409-2021 ]
1. Mrs. Anne DeSouza alias Mrs. Anne
Lucy DeSouza & Anr. … Plaintiffs
Versus
M/s. Dolphin Build Home … Defendant
And
Denis Eugene DeSouza … Respondents
(Prop. plaintiff NO.1(a))
Harsh T. Pawar, learned advocate for the Plaintiffs.
Chandrabhan R. Yadav, learned advocate for the Defendant.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 07th May, 2025.
:: ORDER ::
This is an application filed by plaintiff no.2 to bring legal
heirs and representatives of the plaintiff no.1 on record.
2. Say of defendant was called. Ld. Advocate for the
defendant received copy of amendment application on 25/04/2024.
Inspite of availing sufficient opportunities the defendant failed to file
say on the present application till today, hence, application proceeds
without reply of defendant.
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3. Perused application. Heard Ld. Advocate for plaintiff. This
is suit for declaration. On perusal of Death Certificate it appears that
Annie Desouza plaintiff No.1 reported to be died on 03/06/2021.
Considering the ground mentioned in the application it is just and
equitable in the eye of law to permit plaintiff No.2 to delete the name of
plaintiff No.1 from the array of plaintiff. If permission to delete the
name of deceased plaintiff no.1 and implead her legal heirs on record is
granted to plaintiff it will not cause any prejudice to the rights of
defendant. Hence, I proceed to pass following order:-
:: O R D E R ::
1. The application Exh.23 is allowed subject to
costs of Rs.500/- payable to Legal Aid
Committee Small Causes Court, Mumbai on or
before next date.
2. The delay for filing present application is
hereby condoned.
3. Abatement of suit against deceased plaintiff
no.1 is hereby set aside.
4. Plaintiff No.2 is permitted to carry out
proposed amendment as per schedule on or
before next date and provide the amended
copy of plaint on record.
5. Costs is condition precedent.
( J. D. Hushangabade )
Date : 07/05/2025. Judge, C.R. No. 40
Order dictated & Typed on : 07/05/2025.
Order checked & signed on : 09/05/2025.
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