Interim Order 6

Order Details: Order on Exhibit
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(CNR NO.MHSCA30010642021 )
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
ORDER BELOW EXH 17
IN
P APPEAL NO. 147 OF 2021
IN
L.E. & C SUIT NO. 27/33 OF 2012
Mr. Lalmani Lekhraj Tiwari ...Appellant/
(Original Plaintiff )
V/s.
Mr. Nagendra Shambhunath Tripathi …Respondent/
(Original Defendant )
And
Smt. Shanti Lalmani Tiwari & Ors. ..Applicants
(Proposed respondents)
B.R. Singh : Advocate for the Appellant.
No Reply by respondent
Coram : M. S. Pathan,
Additional Chief Judge,
&
Dinanath S. Dabhade, Judge
Court Room No. 41,
Date : 08.02.2024
ORDER: (Per Dinanath S. Dabhade, Judge)
1. This is an application filed by applicant No.6 for adding
names of the applicants as appellants in the cause title of the appeal in
place of deceased appellant as per schedule annexed to the application.
2. It is contended that the appellant expired on 26.05.2023
leaving behind applicants as his heirs and legal representatives. The
application is filed within time. Hence, it is prayed that the application
may be allowed.
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3. Since filing of the application, respondent and his
Advocate neither remained present nor received copy of Exh. 17 and
also not filed reply. By order dt. 02.01.2024 the application proceeded
without reply. Hence, we proceed to decide the application on merits.
4. Perused the application. Applicant No. 6 has produced
the copy of death certificate of deceased appellant Lalmani Lekhraj
Tiwari. The appellant expired leaving behind the proposed appellants
as his legal heirs and representatives. The application is filed within
limitation. Cause of action survives in favour of applicants as legal
representative of deceased appellant to continue with the present
appeal. Hence, we hold that the application deserves to be allowed. In
the result, we proceed to pass following order.
O R D E R
1. The application is allowed.
2. The proposed applicants are permitted to
substitute themselves as legal representatives of
deceased appellant and continue with the present
appeal, by carrying out necessary amendment in
the appeal memo within 14 days from the date of
this order.
I agree,
sd/ sd/
(M. S. Pathan) ( Dinanath S. Dabhade)
Additional Chief Judge, Judge
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
08.02.2024 08.02.2024
/home/steno39/Desktop/CR41/FEBRUARY2023/ORDER/EXH17P APPEAL1472021for bringing legal heirs on record.odt
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