Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 RC ARC 568/24 HARKESH KUMAR Vs. JAGDISH NATH
16.07.2025
Present: Sh. Arnav Vats, Proxy Counsel for petitioner alongwith petitioner.
Perusal of record shows that the summons issued to the respondent
had been received back unserved with the report of service through affixation at
the first address. However, from the second address, as well as through postal
department, report was received that the respondent has already expired.
Counsel for petitioner had sought to take instructions on the LDOH.
He submits that as per the instructions received that the respondent has expired,
however, the petitioner is not aware as to when the respondent demised. He
further submits that the petitioner had contacted the son of the respondent who did
not disclose the date of death of the respondent as well as his legal heirs.
Counsel for the petitioner has also filed an application under Order
22 Rule 4 CPC and seeks notice to the son of the respondent for furnishing the
aforesaid details.
However, without the date of death, it is not possible to determine
whether the petition was instituted against the dead person and therefore, is a
nullity or whether the respondent demised after the institution of petition for order
22 Rule 4 CPC to be applicable.
The present petition has been filed under Section 14 (1) (e) r/w
Section 25B of the DRC Act, which provides a summary procedure for eviction a
tenant on the ground of bonafide need of the landlord. Therefore, averment
regarding the person who is the tenant and is in possession of the tenanted
premises from which eviction is sought is an essential pleading which has to be
made by the petitioner itself. In case, petitioner himself is not aware as to who is
in possession in the capacity of a tenant, then question may arise qua averements
made on the eviction petition itself.
Counsel for petitioner seeks time to take instructions in this regard.
Accordingly, list for consideration on the aforesaid aspect on
10.09.2025.
(Rupinder Singh Dhiman)
ARC-01, Central District,THC
16.07.2025
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