Full Order Text
Order 1 · 24 Mar 2023 · CNR MHSCA30009582021
Order Details: Order on Exhibit Pdf Text: 1 RAE4582021Exh9bring LRS.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 9 IN R.A.E. SUIT NO.458 OF 2021 (CNR : MHSCA30009582021) Mrs. Radha Shivaji Kamble … Plaintiff V/s Mr. Prabhakar Shiva Hamjankar and anr. ... Defendants And Smt. Supriya Subhash Rawool … Proposed defendant Advocate for plaintiff : Mr. S. M. Basudkar. Coram : S. S. Kadam, Judge, C.R.No.37 (B.B.), Date : 24.03.2023 ORAL ORDER : This is an application filed by the plaintiff for to delete the name of defendant No.2 and to insert the name of proposed defendant as defendant No.2A in plaint. 2. According to plaintiff, proposed defendant No.2A intimated the bailiff of this court that defendant No.2 expired on 07.01.2020. Thereafter, plaintiff tried to enquire the name of legal heirs of the defendant No.2 from the wife of defendant No.2 but she has not given name of legal heirs and death certificate of defendant No.2. Hence, this application for to delete the name of defendant No.2 and insert the name of proposed defendant No.2A. 3. Proposed defendant No.2A has filed reply to this application below Exh.11 and denied all contentions made in the application. According to proposed defendant, this application is /home/steno37/S. S. Kadam-Judge/ORDERS/March-2023/RAE-458-2021-Exh-9-bring LRS.odt ask -- 1 of 2 -- 2 RAE4582021Exh9bring LRS.odt barred by law of limitation. There is no prayer for setting aside abatement. The plaintiff has made false statement to mislead this court. Hence, prayed to reject the application. 4. I have heard learned advocate for plaintiff. Proposed defendant No.2A and her advocate are absent for argument. This application is pending since 26.08.2022. Hence, I have decided this application on its own merits. There is no dispute that defendant No.2 is not expired. Defendant No.2 is expired on 07.01.2020. There is delay in filing present application. On record, there is no death certificate of deceased defendant No.2. I am of the view that to decide the suit on merits and in the interest of justice, it is necessary to allow this application. Hence, I proceed to pass following order : ORDER 1. Application Exh.9 is allowed. 2. Delay in filing this application is condoned and permission is granted to the plaintiff to carry out amendment in the plaint within 14 days and supply amended copy of the plaint till next date. 3. No order as to costs. (S. S. Kadam) Judge, C.R.No.37 (B.B.) 24.03.2023 Dictated on : 24.03.2023 Checked & signed on : 24.03.2023 /home/steno37/S. S. Kadam-Judge/ORDERS/March-2023/RAE-458-2021-Exh-9-bring LRS.odt ask -- 2 of 2 --