Order 2

Order Details: Order on Exhibit
Pdf Text: .. 1 ..
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
(APPELLATE BENCH)
EXH.9
IN
REVISION APPLICATION NO. 05 of 2023
IN
Order of Admissibility of Documents
IN
R.A.E. SUIT NO. 596 of 2015
(CNR No. MHSCA30014162022)
Ramnarain Sons Private Limited .. Applicant
(Ori. Plaintiffs)
VERSUS
1. Andheri Girls' Education Society .. Respondent
and others. (Ori. Defendants)
-----------------------------------------------------------------------------------------
Advocate for Appellant : Ramani Priti
Advocate for Respondent: M/S A.V.Jain Associates
Coram : Shri Vilas P. Kadam
Additional Chief Judge,
&
A. H. Baig, Judge,
Court Room No. 41,
Date :26.04.2023
ORDER : (Per Vilas P. Kadam, Additional Chief Judge)
The original plaintiff / applicant has filed this application for
deleting name of Respondent No.2 as advocate for Respondents has
intimated to the Applicant about death of Respondent No.2 by attaching
death certificate of Respondent No.2 on behalf of Respondent No.1, 3 and
4 and prayed to allow the application.
2. The original defendants / respondents have filed their say,
wherein, it is mentioned that they submitted to the order of the court.
-- 1 of 3 --
.. 2 ..
The original defendants / respondents have prayed to pass an appropriate
order on the application.
3. Perused application, say and documents placed on record. On
perusal of copy of letter dated 22.2.2023, it is seen that Respondent No.
2 namely Mr. Jasmin Kishorchandra Ajmera died on 10.1.2023. Present
application came to be filed on 29.3.2023, after receiving intimation by
advocate of Respondent No.2. Thus, there is no harm to delete name of
Respondent No.2 and for consequential amendment if any in view of
scheduleA attached to this application. Hence, application is liable to be
allowed. Therefore, we pass following order.
: O R D E R :
1. The application Exh.9 is hereby allowed.
2. The applicant/original plaintiff is permitted to
delete the name of deceased
respondent/original defendant No.2 from
revision application.
3. The applicant is directed to carry out
necessary amendment as per scheduleA
attached to this application and consequential
amendment if any, on or before 4th May,
2023.
I agree,
( A.H. Baig ) ( Vilas P. Kadam )
Judge Additional Chief Judge,
C. R. No. 41 C. R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
26.04.2023 26.04.2023
Order dictated on : 26.04.2023
Order transcribed on : 26.04.2023
Order checked on : 26.04.2023vvp
-- 2 of 3 --
.. 3 ..
-- 3 of 3 --