Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CS DJ 76596/16
VISHVAJIT RANA Vs. SUBEY SINGH AND ANR.
Sub Matter : Misc DJ/0001499/2024
Misc DJ 1499/24
VISHVAJIT RANA Vs. SUBEY SINGH AND ANR.
(Main Matter : CS DJ/0576596/2016)
25.11.2024
Present: Plaintiff with Ld. counsel.
Mr. Shailender and Smt. Saroj Bala LRs of deceased
defendant Sh. Subey Singh with Ld. counsel.
These are two matters.
Arguments heard.
Shailender submits that deceased Sh. Subey Singh has
also one daughter namely Ms. Kavita and that there are three
legal heirs of Subey Singh i.e. Shailender, Kavita and Saroj Bala.
It appears that plaintiff had filed an application for
bringing the LRs on record but has mentioned two names i.e.
Satinder and Jitender and on that basis the proceeding continued
and after publication of notice, those LRs were taken on record.
However they never appeared to contest this case.
Now to the miscellaneous application no.1499/24,
Shailender wants that exparte order be recalled. Though there is
mentioning of wrong provision in the application but the same
will not defeat the rights. As the plaintiff has not brought proper
LRs of Subey Singh on record, the exparte proceedings needs to
be recalled. Accordingly, the miscellaneous application
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no.1499/24 is allowed. The said file shall remain tagged with the
main suit file.
Shailender shall provide correct name of LRs and
plaintiff shall move appropriate application for substitution of
LRs of Subey Singh.
List for further proceedings on 24.02.2025.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/25.11.2024
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