Full Order Text
Order 5 · 28 Jan 2026 · CNR DLCT030036712025
Order Details: COPY OF ORDER Pdf Text: 3 RC ARC 345/25 VINOD CHADHA Vs. RANDHIR SINGH JASPAL SINGH 28.01.2026 Present: Sh. Vinod Kumar Mantoo, Ld. Counsel for petitioner. Sh. Osama Suhail, Ld. Counsel for respondent no.2 (through VC). In between order sheets, an application under Order 22 Rule 3 r/w Section 151 of CPC seeking impleadment of LRs of deceased respondent no.1 has been filed on behalf of petitioner along with amended memo of parties on 24.11.2025. Though the application has not been filed under the correct provision, however, without going into technicalities, the court is proceeding with adjudication of the said application on merits. It is submitted on behalf of applicant that respondent no.1 Sh. Randhir Singh has expired on 24.08.2025 and vide order dated 01.09.2025 the court had taken the same on record as per Order 22 Rule 10A of CPC. That respondent no.1 has been survived by the following legal heirs i.e. Ms. Jaskiran Sachdeva (wife) and one son whose details are not known. There is no mandate in law to issue notice of the application under Order 22 Rule 3/Rule 4 of CPC to the proposed LRs of the deceased. It is observed that the right to sue against the LRs of respondent no.1 survives. Further the present application has been filed within the prescribed period. Hence, the present application is hereby allowed and disposed of accordingly. -- 1 of 2 -- LRs of deceased respondent no.1 are hereby impleaded and amended memo of parties is taken on record. Let notice be issued to the LRs of the deceased respondent no.1 on filing of PF and speed post, returnable for the next date of hearing. In case of refusal or non-availability or if premises found locked, same be affixed on the given address. Further, as per record reply to leave to defend application of respondent no.1 along with the affidavit as well as reply to leave to defend application of respondent no.2 has been filed on behalf of petitioner. Copy stated to be already supplied. Respondent no.2 is at liberty to file rejoinder (if any) on or before the next date of hearing after supplying advance copy to opposite side. All the parties are directed to appear in person on the next date of hearing along with main counsel. Put up for arguments on leave to defend application(s), on 16.04.2026. (DIVYA GUPTA) ARC-02 (Central), THC, 28.01.2026 -- 2 of 2 --