This court disposed of a chamber summons seeking to take the written statement on record and set aside an ex-parte order. The court made the summons absolute and indicated the decree was not yet passed.
Chamber summons made absolute; defendant no. 3 directed to pay costs of Rs. 5000/-
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 363 OF 2004
IN
SUIT NO. 4339 OF 1995
Shri Kuldipkumar J. Kapoor ... Plaintiffs.
vs.
Legal Heirs of Jogindarnath
Harichand Kapoor & Ors. ... Defendants.
Mr. C.S. Joshi for plaintiffs.
None for defendant no.3.
CORAM : S.U. KAMDAR,J.
DATE : 9th FEBRUARY, 2005.
P.C.
1. The present chamber summons is for taking
the written statement on record and for setting
aside the order dated 9.3.2001 passed by the
Prothonotary and Senior Master, High Court, Bombay
for proceeding the matter ex-parte.
2. The learned Advocate for the plaintiffs
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states that the present chamber summons should be
dismissed as the sole motive of the defendant no. 3
is to protract the trial. He further states that
part evidence is also recorded. However, I am of
the opinion that in the interest of justice defence
of the 3rd defendant should not be shut out. The
decree has not yet been passed. In view thereof,
the chamber summons is made absolute in terms of
prayer clauses (a), (b) and (c) . The defendant no.
3 is directed to pay the costs of the chamber
summons to the plaintiff quantified at the sum of
Rs. 5000/-
Shri Kuldipkumar J. Kapoor
Legal Heirs of Jogindarnath Harichand Kapoor and Ors.
S.U. Kamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court