Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 19 CS 656/23
YASH PAL AND ORS Vs. ARUN KUMAR
07.03.2024
At 12:25pm
Present: Sh. Chander Mohan, Ld. Counsel for the plaintiffs
no.1 and 2.
Plaintiff no.2 stated to have expired.
Sh. Mohd. Zahid, Ld. Counsel for the defendant.
Previous cost of Rs.1,000/- paid by the defendant to
the Ld. counsel for the plaintiffs.
It is submitted by the Ld. counsel for the plaintiffs
no.1 to 2 that plaintiff no.2 had expired on 24.12.2023. It is
further submitted that on 05.03.2024, the LRs of the plaintiff no.2
had filed the application under Order XXII Rule 3 r/w Section
151 CPC along with documents. Copy already been supplied.
Hard copy supplied today.
Ld. Counsel for the plaintiffs submits that deceased
plaintiff no.2 expired on 24.12.2023 and subsequently, the
application under Order XXII Rule 3 r/w Section 151 CPC for
substituting the LRs of plaintiff no.2 was filed on 05.03.2024. It
is further submitted that plaintiff no.1 is the husband of the
plaintiff no.2 who is already party in the present suit. It is further
submitted that by moving the present application, the LRs of the
plaintiff no.2 i.e. two sons of the plaintiffs want to substitute
themselves on behalf of plaintiff no.2 in the present matter. He
further submits that the present application is formal in nature
-- 1 of 3 --
(2)
and no prejudice would be caused to the defendant, if the present
application be allowed. It is further submitted that the present
application is well within limitation and right to sue still survive
in favour of LRs of plaintiff no.2.
Ld. Counsel for the defendant, on instructions
submits that defendant has no objection, if the present application
be allowed.
Heard. File perused.
In view of the submissions, contentions made in the
application, no objection given by the Ld. counsel for defendant
and considering the fact that right to sue still survive, therefore,
the application under Order XXII Rule 3 r/w Section 151 CPC is
hereby allowed. The LRs of the plaintiff no.2 mentioned in para
no.2 of the application are substituted in the present suit.
The present application under Order XXII Rule 3
r/w Section 151 CPC is disposed off accordingly.
Amended memo of parties is taken on record.
It is further submitted that the plaintiff no.1 is a
handicapped and earlier the plaintiff no.2 was having the SPA on
behalf of the plaintiff no.1 to pursuing the present matter. It is
further submitted that now Sh. Mohit Kumar i.e. LR no.2.1 of the
plaintiff no.2 is the SPA holder of plaintiff no.1 as well as LR
no.2.2 of the plaintiff no.2. SPA filed. Same be taken on record.
Parties are directed to file the list of witnesses within
15 days from today with an advance copy to each other.
-- 2 of 3 --
(3)
Plaintiffs are directed to file the evidence affidavits
of all the plaintiff witnesses within 15 days from today with an
advance copy to the defendant.
Put up for PE on 04.05.2024.
Date is given as per the convenience of the Ld.
counsels.
(Deepanker Mohan)
Additional District Judge-04
Shahdara District/KKD Courts/Delhi
07.03.2024
-- 3 of 3 --