Order 3

Order Details: COPY OF ORDER
Pdf Text: 9 CS 2476/24
Ishwar chand Vs. MEWA AND others
08.11.2024
At 10:46am
Present: Ms. Meenu, Ld. Counsel for plaintiff along with
plaintiff in person.
Defendants are yet to be served.
An application under Order I Rule 10(2) CPC for
impleadment of legal heirs of late Sh. Sita Ram, legal heirs of late Sh.
Babu Chaudhary, legal heirs of late Sh. Bhawani Singh and Smt.
Shanti Devi, filed on 24.10.2024.
It is submitted by Ld. counsel for plaintiff, on
instructions that the grandfather of plaintiff namely Sh. Ganpat was
having 05 children namely Sh. Saudagar, Sh. Sita Ram, Sh. Bhawani
Singh, Sh. Babu Chaudhary and Smt. Shanti Devi. It is further
submitted that Sh. Saudagar, Sh. Sita Ram, Sh. Babu Chaudhary and
Sh. Bhawani Singh had already expired. It is further submitted that the
suit property was owned and possessed by the grandfather of plaintiff
namely Sh. Ganpat. It is further submitted that initially, the present
suit has been filed only between the LRs of Sh. Saudagar, however,
the other LRs of late Sh. Ganpat were not made parties to the present
suit. The present application has been filed in order to implead the
other legal heirs of Sh. Ganpat. It is further submitted that the LRs
mentioned in the application are necessary party to the present
litigation and no effective decree can be passed in their absence.
Heard. File perused.
In view of the contentions made in the application,
submissions given by Ld. counsel for plaintiff, considering the fact
that present suit is still at initial stage and no prejudice would be
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(2)
caused to defendants, if Sh. Fool Singh, Sh. Suraj Pal, Sh. Sakatu, Sh.
Munesh Singh, Sh. Narender Singh & Sh. Pradeep (legal heirs of Late
Sh. Sita Ram, late Sh. Babu Chaudhary, late Sh. Bhawani Singh) and
Smt. Shanti Devi are impleaded as defendants in the present case,
therefore, the present application under Order I Rule 10(2) CPC is
hereby allowed.
Sh. Fool Singh, Sh. Suraj Pal, Sh. Sakatu, Sh. Munesh
Singh, Sh. Narender Singh, Sh. Pradeep and Smt. Shanti Devi are
impleaded as defendants in the present case.
Application under Order I Rule 10(2) CPC is
accordingly disposed of.
Plaintiff is directed to file amended memo of parties
within 10 days from today.
Heard. File perused.
Upon filing of amended memo of parties, issue
summons of the present suit as well as notice of the application under
Order XXXIX Rule 1 and 2 CPC upon defendants through concerned
Ld. Principal District & Sessions Judge on filing of PF/RC, returnable
for NDOH.
PF be filed within 10 days from today.
Put up for compliance, appearance of defendants and
further proceedings on 05.03.2025.
(Deepanker Mohan)
District Judge-04
Shahdara District/KKD Courts/Delhi
08.11.2024
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