Hearing notice of motion where the applicant sought to be relieved of a statement regarding the defendant's death due to corrected affidavits clarifying the mistake.
The plaintiff was relieved of the statement dated 23/04/2009 regarding the defendant's death, and the order dated 23/04/2009 was recalled.
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1
mpt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 2049 OF 2009
IN
SUMMONS FOR JUDGMENT NO.429 OF 2007
IN
SUMMARY SUIT NO.2047 OF 2007
Maharashtra State Road Development
Corporation
.. Plaintiff
versus
Ramchand Gunaram Chatwani .. Defendant
Mr.V.C.Ghosalkar for the applicant/plaintiffs in support of
Notice of Motion.
Mr.M.G.Barve for the defendants
CORAM : D.G. KARNIK, J
DATED :15th July 2009
P.C:-
1. Heard.
2. This motion is taken out by the plaintiff for relieving
the plaintiff of the statement made on 23rd April 2009 about
the alleged death of the defendant. The plaintiff has filed
the affidavit that defendant is not dead and has filed a
2
further affidavit of Mr.Vijay Govind Dhokre explaining the
circumstances under which the plaintiff believed that
defendant has died. In view thereof, explanation given by
the plaintiff is accepted. The plaintiff is relieved of the
statement made on 23rd April 2009 of the death of defendant.
Consequently, order dated 23rd April 2009 is also recalled.
3.Suit and Summons for Judgement shall proceed in the
usual course.
4. Motion is disposed of.
1 issue framed by the court
Whether the plaintiff should be relieved of a statement made mistakenly regarding the defendant's death?
Maharashtra State Road Development Corporation
Ramchand Gunaram Chatwani
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court