Final Order 7

Order Details: COPY OF ORDER
Pdf Text: 14 RCA DJ 88/24
Vijay Vs. Prem Wadhwa
06.04.2026
Present: Sh. Himanshu Singh, Ld. Counsel for the appellant.
Sh. Sanjay Sawhney and Sh. Deepak Arora, ld.
Counsel for the respondent no.1.
None for respondent no.2/NDMC.
Sh. Abhay Kumar, Sh. Sanjog Sharma and Sh. Vikas
Panwar, Ld. Counsel for proposed respondents Vikas
and Vicky (they are stated to be sons of the deceased
appellant Vijay).
Today, Ld. Counsel for respondent no.1 submits that
the present appeal stands abated. He has drawn the attention of this
court to order sheet dated 09.01.2026, wherein it is recorded that the
appellant Vijay has expired. On the said date, time was sought to take
steps for impleading the LRs of the deceased appellant Vijay.
However, no steps have been taken in this regard.
Separate statement of sons of appellant Vijay S/o Late
Govind Ram recorded.
Today, it is submitted that the appellant Vijay expired
on 11.10.2025. Despite directions death certificate of Vijay has not
been placed on record. ld. Counsel for the appellant submits that he is
not sure about the exact date of death. However, the proposed
defendants Vikas and Vicky whose application under Order 1 Rule 10
CPC seeking impleadment as defendants in this case is pending
disposal are the sons of deceased appellant Vijay. They confirm that
Vijay expired on 11.10.2025. Accordingly, 90 days period to take
steps for substitution of LRs of the deceased appellant from the date
of death stands expired. The appeal stands abated. It is settled
-- 1 of 2 --
-2-
position of law that abatement is automatic not requiring any formal
order.
ld. Counsel for the appellant submits that he will move
appropriate application for setting aside of abatement. Application, if
any, in this regard shall be considered on merits only after giving
opportunity of hearing to the opposite party.
Ld. Counsel for the proposed respondents submits that
his application for providing certified copies is pending disposal and
he prays that this application may be allowed and directions may be
given to provide him with the certified copies as desired. He submits
that the certified copies of this case are essential for him and required
to be prove in another case.
At the outset it is to be noted that if documents of this
file are to be proved in another case then the file can be got
summoned. However, unless the proposed defendants are party to the
suit they cannot be provided with certified copy. Moreover, the case
stands abated now already and therefore, the application under Order
1 Rule 10 CPC moved by the proposed defendants cannot be
entertained, unless the abatement is set asided, or the proposed
defendants change the nature to be impleaded in the present appeal.
As the appeal stands abated, nothing else survives in this case.
Appeal file be consigned to Record Room after due
compliance as per rules.
TCR be sent bank to the concerned court.
(Sumeet Anand)
DJ-11/Central/THC
Delhi/06.04.2026
-- 2 of 2 --