Bhaiyalal Jagambaprasad Dubey v. Subhashchandra Amarnath Pandey And Anand Bhaiyalal Dubey And 4 ORS (Applicant)
3_CST165_18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.165 OF 2018 IN SUIT NO.158 OF 2014 IN PETITION NO.997 OF 2008 Anand Bhaiyalal Dubey and others ...
Applicants In the matter between:
Bhaiyalal Jagdambaprasad Dubey ...
Plaintiff / Petitioner Vs.
Subhashchandra Amarnath Pandey ...
Defendant Brahmakumari Sushilaben @ Sushilaben @ Sushiladevi Kamtaprasad Tiwari @ Sushilaben... Deceased WITH IPA NO.76 OF 2019 IN CHAMBER SUMMONS NO.165 OF 2018 --- Mr. Deepak Pandey for Petitioner.
CORAM : MANISH PITALE, J.
DATE : FEBRUARY 22, 2024 P.C. :
.
Heard learned counsel for the applicant in the present chamber summons.
2.
The chamber summons have been taken out in order to carry out amendment as per schedule annexed to the chamber summons. 3.
It is brought to the notice of this Court that the plaintiff No.1(a) and plaintiff No.5 have expired. Copies of their death certificates are annexed to the chamber summons. It is stated that as per the schedule, the plaintiffs desire to delete the name of plaintiff No.1(a) as his legal MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:
2024.02.23 10:18:17 +0530 heirs are already on record. The plaintiffs also seek deletion of plaintiff 1/2
3_CST165_18.doc No.5 from the array of parties, further seeking addition of the names of her legal heirs i.e. her husband and sons as plaintiff Nos.5(a) to 5(c). 4.
This Court has perused the documents filed alongwith the chamber summons. A case is indeed made out for granting the proposed amendment.
5.
Accordingly, the chamber summons are granted. The delay in moving the chamber summons is condoned and the applicants are permitted to carry out amendment as per the schedule annexed to the chamber summons.
6.
The amendment be carried out within two weeks from today. 7.
Re-verification is dispensed with.
8.
The chamber summons is disposed of.
(MANISH PITALE, J.) Minal Parab 2/2