Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 14
IN
R.A.E. SUIT NO. 293 OF 2021
(CNR-MHSCA-3000608-2021)
1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs
Versus
1. Shri Manilal Chimanlal Shah and Anr. … Defendants
And
1. Mr. Bhupendrabhai Maneklal Modi and Ors. … Proposed
Defendants
Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs.
Mr. Rajendra Jain and Mr. Pranil Lahigade, Ld. Advocate for
Defendants.
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 24/07/2024
ORDER :
The plaintiffs have filed present application stating that
the defendant no. 1 is expired in the year 1996. Moreover, the
advocate for defendant no. 1 has issued letter to the plaintiff on
09/11/2023 informing about death of defendant no. 1. Hence, the
plaintiffs want to delete the name of defendant no. 1 and bring his
legal heirs on record by way of amendment as per schedule.
2. The say filed by the proposed defendants on same
application stating that they leave to the order of the Court.
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.. 2 .. EXH-14 R.A.E. Suit No. 293 of 2021
3. Heard advocate for both parties at length.
4. On perusal of record, it appears that the plaintiff has
specifically mentioned that the original defendant no. 1 is died on
06/11/1996. It is matter of law that during pendency of the suit the
LRs can be brought on record even though he is died prior to filing
of the suit. But, it is also one of the fact that if the decree is passed
then one cannot be add the legal heirs on record. Hence, it is
necessary to allow the application of the plaintiff. I pass the
following order:
ORDER
1. The application below Exh. 14 is allowed.
2. The plaintiffs are hereby permitted to carry
out the amendment as per schedule within
prescribed period and produce amended copy
of plaint to the Court and other side till next
date simultaneously.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date : 24/07/2024 Judge, C.R. No. 36
Order dictated on : 24/07/2024
Order transcribed on : 24/07/2024
Order checked and signed on : 24/07/2024
/home/steno36/7. P.K. Kharate/2024/7. July, 2024/Orders/24.07.2024/EXH-14 RAE 293 of 2021. bring party on record.odt KCP
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