Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 4/26
RNFI SERVICES LIMITED Vs. RAJESH KUMAR BHATIA
15.05.2026
Present: Sh. Mahipal Singh and Sh. Vivek Sharma, Ld.
Counsels for the plaintiff.
None for the defendant.
Two separate applications, one (IA No. 01/26) u/O
XXII Rule 4 R/w. Sec. 151 CPC for bringing legal heirs / Lrs of
deceased defendant on record and another (IA No. 02/26) u/O VI
Rule 17 r/w. Sec. 151 CPC for amendment of the plaint since
been filed on behalf of the plaintiff.
Arguments heard.
It is stated that the defendant Sh. Rajesh Kumar
Bhatia had expired during the pendency of the suit on
11.01.2026, who is survived by the following three legal heirs :
a) Sh. Aditya Bhatia, S/o. Sh. Rajesh Kumar Bhatia;
b) Ms. Nimisha, D/o. Sh. Rajesh Kumar Bhatia;
c) Ms. Tina, D/o. Sh. Rajesh Kumar Bhatia.
It is stated that right to sue survive against the Lrs of
the deceased defendant and if they are not impleaded, grave
prejudice will be caused to the plaintiff.
Considered.
In view of the submissions made, in the interest of
justice, the above application is allowed and the defendant is
permittedto be represented through three LRs.
The above application u/O XXII Rule 4 R/w. Sec.
151 CPC stands disposed of accordingly.
So far as another application u/O VI Rule 17 CPC is
concerned, it is stated that the same has been moved to bring the
above facts of impleadment of LRs on the record.
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In view of the submissions made, in the interest of
justice, since the above application moved u/O XXII Rule 4 R/w.
Sec. 151 CPC has already been allowed and the defendant is
permitted to be represented through LRs and the suit is at its
initial stage and no prejudice is going to be caused to the
defendant, the present application u/O VI Rule 17 CPC also
stands allowed.
Amended plaint along with amended memo of
parties have already been filed. Same are taken on the record.
The above application u/O u/O VI Rule 17 CPC
also stands disposed of accordingly.
Issue summons of the suit to all the newly impleaded
LRs of the deceased defendant on PF through all permissible
modes, returnable on 19.08.2026.
Track consignment report be filed by the plaintiff on
the next date of hearing.
Steps be taken within 2 weeks from today.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
15.05.2026
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