Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 MACT 421/23
JANVI AND ANR Vs. MUKESH AND ORS
12.11.2025
Present: Proxy Counsel for petitioner (through VC).
None for R1 and R2.
Sh. Vikas Kumar Singh, Ld. Counsel for R3 i.e. insurance
company.
Sh. Gaurav Singh, Ld. Counsel for R4.
Heard. Perused.
An oral application made on behalf of R4 seeking setting
aside of order dated 10.09.2025, whereby defence of R4 was struck off on
account of failure in filing the WS within stipulated period of time.
It has been submitted that R4 has no relation with the
petitioners in the present case or with the deceased in respect of whose
death the present claim petition has come to be filed.
It has been further submitted that due to such absence of any
relation of R4, WS was not filed previously as the applicant/R4 was under
the impression that he is neither necessary nor a proper party in the present
case.
In the interests of justice, the application at hand is hereby
allowed so as to afford the applicant/R4 an opportunity to establish his
defence on merits only.
WS filed on record.
At this stage, An application under Order 1 Rule 10 CPC filed
on behalf of R4.
Petitioner to file reply and be put up for arguments on the
aforesaid application for 13.11.2025.
(HARUN PRATAP)
PO-MACT-02/SHD/KKD
12.11.2025
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