Chander B. Matta And 3 ORS. v. Amarjeet Singh Surinder Singh Gyani And 8 ORS.

42.chs.965.2019.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O. O. C. J.

CHAMBER SUMMONS NO. 965 OF 2019 Digitally signed by Dhanappa I. Koshti Date:

2019.10.01 13:18:32 +0530 IN SUIT NO. 1609 OF 2012 Dhanappa I. Koshti Chander B. Matta & Ors.

...Applicants/Plaintiffs vs Amarjeet Singh & Ors ...Defendants And Anand Singh Gyani & Ors.

...Respondents.

WITH LEAVE PETITION NO. 347 OF 2012 IN SUIT NO. 1609 OF 2012 WITH COUNTER CLAIM NO. 4 OF 2014 IN SUIT NO. 1609 OF 2012 WITH SUIT NO. 1609 OF 2012 .....

Mr Rajesh Dixit for the Applicants/Plaintiffs in CHS Mr Abhijeet Singh i/b Mr A.R.Mishra for Defendant Nos.1 and 2 in CHS .....

CORAM : B. P. COLABAWALLA, J.

SEPTEMBER 30, 2019.

P.C. :

This Chamber Summons has been fled to bring the legal heirs of deceased defendant No.2 on record as per the schedule annexed to the Chamber Summons. In the affdavit in support, it is stated that by a letter dated 19th July, 2019, the advocates for defendant Nos.1 and 2 informed the advocates for the applicants / Pg 1 of 2

42.chs.965.2019.doc plaintiffs about demise of defendant No.2. The said letter was received by the advocates for the applicants / plaintiffs on 26th July, 2019. Immediately thereafter, this present Chamber Summons has been lodged on 7th August, 2019.

Considering the averments made in the affdavit in support of the Chamber Summons, the same is allowed in terms of prayer clauses (a) and (b) which reads thus :- "(a) That the delay, if any, in taking out Chamber Summons be condoned. (b) That the amendment to the plaint be allowed as per schedule annexed hereto." The amendment shall be carried out within a period of two weeks from today and the amended copy of the plaint shall be served on the newly added defendants within a period of two weeks thereafter.

S. O. to 11th November, 2019 under the caption "For Framing Issues".

(B. P. COLABAWALLA, J.) Pg 2 of 2