Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 16 CS DJ No. 742/24
Syed Anis Ahmed & Ors Vs. Syed Aijaz Ahmed (Senior Citizen) & Ors
29.01.2026
Present: Sh. Deepak Kaushik, Ld. Counsel for plaintiff
alongwith plaintiff.
Ms. Smritikana Das, Ld. Counsel for defendant no.1.
Defendant no.2 is already ex-parte vide order dated
18.09.2025.
Sh. S. B. Shaily, Ld. Counsel for defendants no.8, 10
to 22, 24 to 26 and 35 to 41.
None for defendants no.3 to 7, 23 and 27 to 34.
Memo of appearance filed on behalf of defendants no.8, 10
to 22, 24 to 26 and 35 to 41. Be taken on record.
Today, plaintiff has moved an application Section 151
CPC informing about the death of defendant no.7 alongwith copy of
burial receipt.
It is stated in the application that the LRs of the deceased
defendant no.7 are already on record as defendants no.5, 6, 8, 10, 11 &
12, accordingly, it is stated by Ld. Counsel for plaintiff that there is no
need to move any application under Order XXII Rule 4 CPC.
Heard. Perused.
The defendants no.5, 6, 8, 10, 11 & 12 who are stated to be
LRs of deceased defendant no.7 have been impleaded in their own right
and being LRs of defendant no.7, it is necessary that a formal application
under Order XXII Rule 4 CPC is filed alongwith amended memo of
parties. Plaintiff seeks time to file formal application under Order XXII
Rule 4 CPC qua death of defendant no.7. Allowed. Be filed as per
statutory timeline with advance copy to the opposite parties.
Re-notify the matter on 28.03.2026.
(Sumeet Anand)
District Judge-11/Central/THC
29.01.2026(s)
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