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Delhi High Court - Orders

Uoi & Ors vs Kamalini Nagrajan Dutt & Ors on 12 October, 2023

Author: Sanjay Kumar Sharma

Bench: Sanjay Kumar Sharma

                                    $~117
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 1316/2008
                                                UOI & ORS.                                                                 .....Petitioners
                                                                                      Through:                 None

                                                                                      versus

                                                KAMALINI NAGRAJAN DUTT & ORS.                .....Respondents
                                                                 Through: Mr.Pankaj Kr. Singh, Advocate for
                                                                            R-1 & LRs of R-2
                                                                            Mr.Naresh Kaushik, Advocate for R-3
                                                CORAM: SH. SANJAY KUMAR SHARMA, REGISTRAR
                                                                 ORDER

% 12.10.2023 Today's Court proceedings are conducted through physical/hybrid mode.

CM APPL. 53146/2023 (u/O 22 Rule 4 CPC) & CM APPL. 53145/2023 (condonation of delay) CM No.53146/2023 is an application under Order 22 Rule 4 CPC filed by the applicant namely Purva Dhanashree seeking her substitution as legal heir of deceased respondent no.2, who is stated to have died on 02.10.2011. A copy of the death certificate has been annexed with the application. The details of legal heir of deceased respondent no.2 are mentioned in para 6 of the application which includes one daughter.

Counsel for the applicant states that wife of deceased respondent no.2 has already been impleaded as respondent no.1 in this petition. It is further stated that there is no other surviving class- 1 legal heir of respondent no. 2 apart from the legal heir as mentioned in the application.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 21:25:39 Affidavit of respondent no.1 is on record stating that she has no objection to the impleadment of her daughter as sole LR of respondent no.2.

CM No.53145/2023 is an application under Section 151 CPC filed by the applicants seeking condonation of delay of 4011 days in filing the application under Order 22 Rule 4 CPC.

Notice.

Counsel for the respondent no.3 accepts notice and states that he has no objection to the applications being allowed.

On applicant taking steps and filing process fee within two weeks, let notice of the applications be issued to the petitioners by ordinary process, speed post and courier, returnable on 05.12.2023. It be indicated in the notice that reply, if any, be filed before the next date.

REGISTRAR OCTOBER 12, 2023/sk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 21:25:39