Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CS DJ 280/25
LALIT RATAWAL AND ORS. Vs. BISHNO ALIYAS VIMA DEVI
AND ORS.
20.02.2026
Present : Sh. Surender Kumar, Ld. Counsel for the plaintiffs.
Sh. Dalip Mishra, Ld. Counsel for the defendant no. 1
(through V.C.)
Sh. Umang Mittal, Ld. LAC for the LR no.
2(a) Sh. Roshan Lal alongwith proposed LR no. 2(a) in
person.
Sh. Parikshit Mahipal, Ld. LAC for defendant no. 3.
Ms. Shobhna Tanwar, Ld. LAC for LR no 2(c).
None for proposed LR no. 2(b).
Proposed defendant no.4 in person.
At this stage, it is submitted by Ms. Shobhna Tanwar
that she has now been also appointed for LR no.2(a) by the CDLSA,
THC. Original appointment letter is placed on record.
In view of the said submissions, Sh. Umang Mittal, the
previous LAC for LR no.2(a) submits that he may be discharged from
the present matter.
In view of submissions made, Sh. Umang Mittal, Ld.
LAC for LR no.2(a) stands discharged from the present matter.
It is submitted by the Ld. Counsel for the plaintiff that
proposed amended memo of parties dated 17.09.2025 is already filed
along with the application under Order XXII Rule 4 r/w 151 CPC
which was allowed vide order dated 19.12.2025. However, two
applications under Order 1 Rule 10 CPC and Order XXXII Rule 1
CPC are still pending consideration.
Notice issued of the application under Order 1 Rule 10
CPC to proposed defendant no.4, Sh. Prahlad Kuradiya received
Page no.1/3
-- 1 of 3 --
back duly served and he is present in the court today. At request, let
copy of the plaint along with the annexed documents be supplied to
him. He is directed to file reply, if any, within one week from the date
of this order.
At request, submissions on the application under Order
XXXII Rule 1 CPC (I.A. no.02/2026) are heard.
At this stage, Ld. Counsels for Defendant no.1, Ld. LAC
for LRs of deceased Defendant no.2 i.e. 2(a) and 2(c) and Ld. Counsel
for Defendant no.3 submits that they have no objection to the
aforementioned application i.e. Under Order XXXII Rule 1 CPC, if
the said application is allowed by the court.
Heard. Record Perused.
For the reasons mentioned in the application under Order
XXXII Rule 1 and taking into account that plaintiff no.2 is the natural
guardian being the mother of the minor child as father of the minor
child, namely, Gopal Kumar @ Goldy has passed away, and nothing
has come on record that she is having any adverse interest to the said
minor child, therefore, application stands allowed and minor plaintiff,
namely Gopal Kumar @ Goldy S/o Plaintiff no.2 is allowed to sue
through plaintiff no.2 as his “next friend” under Order XXXII Rule 1
CPC. Application bearing I.A. no.02/2026 is disposed of
accordingly.
Ld. Counsel for defendant nos.1 & 3 seeks some more
time to file reply to the aforementioned application i.e. under Order 1
Rule 10 CPC.
Ld. LAC for LRs of deceased defendant no.2 i.e. 2(a)
and 2(c) has also requested for copy of the said application and seeks
some time to file reply to the said applications.
Page no.2/3
-- 2 of 3 --
Heard. Copy be supplied.
Time is granted to both the counsels to file reply, if any,
to the aforementioned application i.e. under Order 1 Rule 10 CPC on
or before NDOH with advance copy to be supplied to each other
atleast 1 week prior to NDOH.
Be listed for arguments on application under Order 1
Rule 10 CPC 17.04.2025.
The date has been given as per the convenience of Ld.
Counsel for the parties.
(Mahima Rai Singh)
DJ-02/CENTRAL/THC
DELHI/20.02.2026
(RA)
Page no.3/3
-- 3 of 3 --