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Parmod Kumar Jain And Anr vs Ram Kali Jain & Ors on 20 October, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~9
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  I.A. Nos. 6706/2020 & 8143/2020 in
                          +       CS (OS) No. 2454/2009

                                  PARMOD KUMAR JAIN AND ANR.                        .....Plaintiffs
                                                 Through : Mr. Kumar Dushyant Singh and Mr.
                                                           Rahul Shukla, Advs.
                                                 versus
                                  RAM KALI JAIN & ORS.                          .....Defendants
                                                 Through : Mr. Hemant Manjani, Adv. For D-1.
                                                           Mr. Manish Kaushik, Adv. For D-3.
                                                           Mr. Kuljeet Rawal, Adv. For D-4 [i.e.
                                                           Raj Kumar Jain].
                                                           Mr. Rohit K. Naagpal and Mr.
                                                           Dipanshu Gaba, Advs. For D-5.
                                  CORAM:
                                  HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                           ORDER

% 20.10.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 6706/2020

1. This is an application filed on behalf of the plaintiffs to bring on record the legal heirs of the deceased Ram Kali Jain i.e. defendant no. 1.

2. Mr. Kuljeet Rawal, who appears on behalf of defendant no. 4 i.e. Mr. Raj Kumar Jain, says that all the legal heirs should not be brought on record as they are not, necessarily, the legal representatives of the deceased Ram Kali.

2.1 According to Mr. Rawal, two legal heirs, who are also the deceased Ram Kali‟s legal representatives, are defendant no. 4 i.e. Mr. Raj Kumar Jain and defendant no. 5 i.e. Mrs. Niti Jain.

                          CS(OS)No.2454/2009                                                 page 1 of 2



Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:23.10.2020
13:50:53
                           2.2    For this purpose, Mr. Rawal relies upon a copy of the registered Will

dated 07.07.2020, purportedly, executed by the deceased Ram Kali Jain i.e. defendant no. 1.

2.3 Since some of the counsels for legal heirs of the deceased Ram Kali Jain i.e. defendant no. 1 have entered appearance today, they are given an opportunity to place their stance on record in the light of the Will referred to by Mr. Rawal.

3. The replies will be filed within two weeks from today. Copies of the same will be furnished to Mr. Rawal as well as learned counsel for the plaintiffs. Rejoinders to the replies, if any, will be filed before the next date of hearing.

4. List the captioned application on 20.01.2021.

5. Learned counsel for the parties will complete pleadings in the captioned application.

6. List the application on 20.01.2021.

                                                                                 RAJIV SHAKDHER, J
                          OCTOBER 20, 2020
                          Aj/KK
                                                                 Click here to check corrigendum, if any
                          CS(OS)No.2454/2009                                                 page 2 of 2




Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:23.10.2020
13:50:53