Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 9 Succ. Court 159/23
VINAY SHARMA Vs. THE STATE
20.02.2025
Lawyers are stated to be abstaining from work today.
Present : Petitioner is present through VC.
Ms. Jasmine, Ld. counsel for objector Sakshi through VC.
Steps not taken in compliance of last order.
A perusal of the record shows that an application u/o 1 Rule
10 CPC filed on behalf of sister of deceased/Objector Sakshi on
01.05.2024 is pending adjudication.
From the scrutiny of the record, it is apparent that name of
the deceased is late Smt. Komal Taneja and present petition has been filed
by Sh. Vinay Sharma who is her husband and he is impleaded as petitioner
no. 1 in the present matter. Petitioner no. 2 is the minor child of the
deceased and petitioner no. 1.
Therefore, both the petitioners are Class-I legal heirs and are
entitled to file the present petition. However, the application u/o 1 Rule 10
CPC has been filed by the sister of the deceased on the ground that she is
a nominee in the bank account. The sister not being a Class-I legal heir is
not entitled to be impleaded as party in the present matter, even though,
she may be a nominee in the bank account. Accordingly, the application
u/o 1 Rule 10 CPC filed on behalf of sister of the deceased is dismissed.
Let fresh LR report be called from the SDM concerned qua
the deceased on filing of PF, returnable for NDOH.
Issue fresh summons to concerned Bank to furnish details of
the assets/debts & securities of the deceased on filing PF within one week
from today, returnable on NDOH.
Be put up for further evidence on 03.07.2025.
(Mansi Malik)
ACJ/ARC (North-West)
Rohini Courts, Delhi/20.02.2025
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