Final Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 12
IN
R.A.E. SUIT NO. 279 OF 2021
(CNR-MHSCA-3000557-2021)
1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs
Versus
Mr. Mahesh Navneetlal Dubal … Defendant
And
1. Neeta Maheshbhai Dubal and Anr. …Respondents
Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs.
Mr. Jainish Jain, Ld. Advocate for Defendants.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 17/06/2023
ORAL ORDER :
This is an application filed by the plaintiff no. 3 to
amend the plaint as per schedule.
2. Perused application and reply filed by the respondents.
Heard. Perused record.
3. It is submitted by the plaintiff that, on 20/08/2022 the
advocate for defendant filed pursis in the Court and intimated that
the defendant has expired on 29/10/2021 and also furnished the
name and address of the heirs and legal representative of deceased
defendant along with death certificate of the defendant. Even after
the expiry of the defendant right to sue survives. Therefore it is
prayed that plaintiff may be permitted to delete the name of
defendant and bring respondents as party defendant no. 1(a)
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and 1(b).
4. The respondents have filed say at overleaf and submitted
to the decision of the Court.
5. On perusal of record it appears that, by filing pursis
(Exh. 10) the advocate for defendant informed the Court that, the
defendant has expired on 29/10/2021. The copy of death
certificate is also annexed along with said pursis. Therefore, the
plaintiff has filed present application for amendment in plaint.
Considering the nature of proceeding the cause of action survives
against legal heirs of deceased defendant. Therefore, it is necessary
to bring them on record in order to decide the real controversy
between the parties. Even if the application is allowed it will not
cause any prejudice to the respondents. Hence, in such
circumstances, it appears judicious to grant permission to the
plaintiffs to carry out necessary amendment. Hence, the following
order :
ORDER
1. The application is allowed.
2. The plaintiffs are directed to carry out
amendment and file amended copy of the
plaint on or before next date without fail.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 17/06/2023 Judge, C.R. No. 36
Order dictated and typed on : 17/06/2023
Order checked and signed on : 17/06/2023
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