Chamber summons to implead an heir was allowed to be withdrawn with liberty to file a fresh one, following the abatement of the suit due to the death of the plaintiffs.
Chamber summons allowed to be withdrawn with liberty to file fresh chamber summons for impleading heirs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.759 OF 2008
IN
SUIT NO.1348 OF 1998
Ramabai S. Raut & Anr... Plaintiffs
Versus
Dinanath Lotlikar @ Gharia
Dadiwalla.. Defendants
and
Suvernarekha Arunkumar Patil.. Applicant
Ms.B.Shiralkar for plaintiffs
None for defendants.
CORAM :S.C.DHARMADHIKARI, J.
DATE:16th March 2009.
P.C.
.This chamber summons is to bring on
record the applicant as heir and legal
representative of plaintiff No.1, who expired on
25th September 2007.
2.During the pendency of this chamber
summons, plaintiff No.2 has also expired. In
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such circumstances, the remedy of the applicant
is to carry out amendments only after abatement
is set aside. Today the suit has abated. In
such circumstances, this chamber summons is
allowed to be withdrawn with liberty to file
fresh chamber summons for impleading heirs and
legal representatives of the plaintiffs.
(S.C.Dharmadhikari, J)
Ramabai S. Raut & Anr
Dinanath Lotlikar
Suvernarekha Arunkumar Patil
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court