Chamber order in a summary suit where the deceased defendant No.2 was successfully impleaded as a legal representative based on filed affidavit. Court declared summons absolute.
Chamber summons made absolute; amendments to be carried out within four weeks and service within two weeks.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1370 OF 2007
IN
SUMMARY SUIT NO.4319 OF 1997
Dr.(Mrs) K.B.Menon & Anr... Plaintiffs
Versus
Mr.K.S.Tanksali & Anr.
.. Defendants
Mrs.Shikha Goenka i/b. V.K.Ramabhadran for
plaintiffs
Mr.R.M.Purandare for defendant No.1.
CORAM :S.C.DHARMADHIKARI, J.
DATE:17th February 2009.
P.C.
.Heard learned Advocate for plaintiff.
Mr.Purandare appears for defendant No.1.
Affidavit of service shows that the chamber
summons has been duly served on the heirs of
defendant No.2.
2.The chamber summons is to implead the
heirs and legal representatives of defendant
2
No.2, who has expired during the pendency of the
suit. There is no affidavit in reply. For the
reasons set out in the chamber summons and the
affidavit in support, it is made absolute in
terms of prayer clause (a). Amendments to be
carried out within four weeks. Amended copy to
be served within two weeks. W.S. if any, to be
filed within two weeks thereafter.
(S.C.Dharmadhikari, J)
Dr.(Mrs) K.B.Menon & Anr.
Mr.K.S.Tanksali & Anr.
S.C.Dharmadhikari
As recorded by the court registry
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