Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT BOMBAY
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 15
IN
R.A.D. SUIT NO. 312 OF 2021
(MHSCA30005282021)
Mr. Pradeep @ Pratap Pranjivandas Merchant … Plaintiffs.
Vs.
Mrs. Anjali Dharmesh Pandit ...Defendant
Appearance :
Mr. O. R. Tiwari Ld. Advocate for the plaintiff.
Mrs. Vora Vimla R.Ld. Advocate for the defendant.
Coram : L.B.M.M.A. Syed,
Judge, C.R. No.35 (B.B.)
Date : 17.06.2026.
ORAL ORDER :
The present application is filed by the applicants for carrying
out amendment in the plaint.
2. It is the contention of the applicants that, the original plaintiff
has filed the present declaratory suit for seeking declaratory reliefs. The
applicants reiterate and confirm the averments made by the original
plaintiff in the plaint. The matter is at the stage of recording evidence. The
original plaintiff died intestate on 14.01.2025, leaving behind the
applicants as his legal heirs and representatives. It is therefore, necessary
that, legal heirs and representatives should be brought on record, in order
to prosecute the suit on merits. Therefore, applicants prayed to allow the
application.
3. The defendant has filed her say overleaf of the application and
strongly objected the same. It is submitted by the defendant that, no
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ground is made for taking out this application. No sufficient cause is shown
by the applicants to allow the application. There is no sufficient document
filed by the applicant to corroborate the the application. Hence, the
defendant prayed to reject the application with heavy costs.
4. Heard both the Ld. Advocates for the respective parties.
Perused the record, application and say. According to the
applicants/proposed plaintiffs, original plaintiff had died on 14.01.2025
leaving behind applicants as his legal heirs and representatives. Present
consequential amendment is necessary for proper adjudication of the
present suit. Hence, it would be proper to permit to bring the legal heirs of
deceased original plaintiff on record and to make amendment as per
schedule. If this application is allowed, no prejudice would be caused to
the other side. The right to sue survives. Therefore, application is allowed.
Hence, I proceed to pass the following order.
: O R D E R :
1. The application is allowed.
2. The proposed plaintiffs are permitted to make consequential
amendment in the plaint as per schedule annexed.
3. The proposed plaintiffs are directed to file amended copy of the
plaint for court record and supply the same to the defendant till
next date.
(Dictated and pronounced in open court)
(L.B.M.M.A. Syed)
Date : 17.06.2026 Judge,
C. R.No.35 (B.B.)
Order dictated on :17.06.2026
Order check and signed on :17.06.2026
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