Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: RC ARC 206/25
Jagdish sharma Vs. SUKHAINDER KUMAR JAIN
10.10.2025
Present :- Sh. Vikas Kaushik Ld. Counsel for petitioner.
Sh. Nagender Yadav, Ld. Counsel for the
respondent.
Today an application has been moved u/O 22 R 4 CPC
for impleadment of LRs of deceased respondent namely Manish Jain.
Copy supplied.
At this stage, it comes to notice that respondent no. 2 has
already expired on 27.10.2021 before filing of evicition petition and
therefore, the LRs of said respondent cannot be impleaded in this
matter and the proceedings against respondent no. 2 are nullity. In this
regard, reference can be also made on the judgment of Hon’ble Apex
Court titled as Pankajbhai, Rameshbhai Zalavadiya Vs. Jethabhai
Kalbhai Zalavadiya in Civil Appeal no. 15549/17 decided on
03.10.2017.
Accordingly the said application is hereby dismissed.
Again respondent no. 2 is hereby deleted from array of parties.
Amended memo of parties be filed on the NDOH.
Reply to application for leave to defend is not filed till
date. Same be filed before the NDOH with advance copy to opposite
counsel.
Rejoinder (if any), may be filed well before NDOH with
advance copy to the petitioner.
File be put up on 08.12.2025 at 11:00 am for arguments
on leave to defend.
(VIVEK KUMAR AGARWAL)
ARC-02 (Central), THC,
10.10.2025
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