Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 15
IN
R.A.E. SUIT NO. 281 OF 2021
(CNR-MHSCA-3000584-2021)
1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs
Versus
1. Shri Ravindra Chandulal Patel and Anr. … Defendants
And
1a. Jagruti Ravindra Patel and Ors. …Respondents
(Prop. Defendants)
Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs.
M/s. Solicis Lex, Ld. Advocate for Defendants.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 18/05/2023
ORAL ORDER :
This is an application filed by the plaintiff 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 25/08/2021 when
the Bailiff of this Court visited the suit premises to serve the writ of
summons alongwith copy of plaint upon the defendant, it was
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informed that the defendant had expired on 09/09/2013. The
plaintiff had filed application Exh. 10 for amendment and
proposed defendant no. 1a filed reply to said application. In said
affidavit in reply proposed defendant no. 1a stated that original
defendant has four legal heirs. After expiry of original defendant
the right to sue survives against proposed defendant no. 1a to 1d.
Therefore, it is prayed that, plaintiffs may be permitted to carry
out the amendment as per schedule.
4. The respondents have filed say at overleaf and submitted
to the decision of the Court.
5. It is the contention of plaintiffs that original defendant
expired on 09/09/2013. The plaintiff has filed death certificate of
deceased defendant alongwith application (Exh. 19). Considering
the nature of proceeding the cause of action survives against
proposed legal heirs of deceased defendant. Therefore, it is
necessary to bring the proposed legal heirs of deceased defendant
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 next date without fail.
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3. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 18/05/2023 Judge, C.R. No. 36
Order dictated and typed on : 18/05/2023
Order checked and signed on : 18/05/2023
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