Order 9

Order Details: COPY OF ORDER
Pdf Text: 5 CS DJ 985/23 Shaminder Pal Kaur Vs. Vinod
07.03.2026
Present : Sh. Aditya Sharma, Ld. Counsel for plaintiffs.
Sh. Ayush Chouhan, Ld. proxy counsel for defendant no. 1 with
defendant no. 1.
Ld. Counsel for plaintiffs has filed an application under Order 5
Rule 20 of CPC. Copy is supplied to Ld. proxy counsel for defendant no. 1.
The application is taken up for hearing.
I have gone through the record and have heard arguments.
So far, none of the parties have placed on record any death
certificate of defendant nos. 2 and 3. Ld. counsel for plaintiffs submits that
the plaintiffs cannot state with certainty that defendant nos. 2 and 3 have
expired and the plaintiffs are not aware of this. The defendant no. 1 also
states that he has no personal knowledge of whether defendant nos. 2 and 3
are alive or have expired.
Through the present application, the plaintiffs have sought to
serve defendant nos. 2 and 4 and their legal representatives by way of
publication in newspapers. The plaintiffs are themselves not sure about
whether defendant nos.2 and 4 are alive or have expired. Representatives of
the said defendants are not even on record and there is no application to that
effect. That being so, the plaintiffs cannot be called upon or even permitted to
serve the legal representatives of the said defendants. The plaintiffs would
have to ascertain the status of whether the said defendants are alive and till it
is known that the said defendants have expired, the plaintiffs would have to
serve summons upon the defendants only.
According to the plaintiffs, they are unable to serve summons
upon the defendants in the ordinary way.
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That being so, the application is allowed to the extent that the
plaintiffs are permitted to serve summons of the suit upon defendant nos. 2
and 4 by way of publication in newspapers mentioned in the application,
subject to the newspapers having circulation in the area of New Delhi. It is,
however, made clear that in case it is later found, after passing of a decree, if
any, that defendant nos. 2 and 4 had expired, the decree would not be
enforceable against the legal representatives of defendant nos. 2 and 4. Steps
for issuance of summons be taken within one week.
The application is disposed of.
Put up for further proceedings on 17.09.2026.
(Ashish Aggarwal)
District Judge-III
North-West District,
Rohini Courts, Delhi
07.03.2026
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