Delhi High Court - Orders
Jagdish Chander vs Dtc on 20 September, 2023
Author: Sanjay Kumar Sharma
Bench: Sanjay Kumar Sharma
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6787/2011
JAGDISH CHANDER .....Petitioner
Through: Mr. Alamgir, Advocate
versus
DTC .....Respondent
Through: Ms.Manisha Tyagi, Advocate
CORAM: SH. SANJAY KUMAR SHARMA, REGISTRAR
ORDER
% 20.09.2023 Today's Court proceedings are conducted through physical/hybrid mode.
CM APPL. 48726/2023 (u/O 22 Rule 3 CPC) & CM APPL. 48727/2023 (condonation of delay) CM No. 48726/2023 is an application under Order 22 Rule 3 CPC filed by the applicants seeking their substitution as legal heirs of deceased petitioner-Sh. Jagdish Chander, who is stated to have died on 18.04.2021. A copy of the death certificate has been annexed with the application. The details of legal heirs of deceased petitioner are mentioned in para 3 of the application which includes wife, two sons and four daughters.
Counsel for the applicants states that apart from the legal heirs as mentioned in the application, there is no other surviving class-1 legal heir of deceased petitioner.
CM No. 48727/2023 is an application under Section 5 of the Limitation Act read with Section 151 CPC filed by the applicants seeking condonation of 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 25/09/2023 at 21:26:29 delay of 859 days in filing the application under Order 22 Rule 3 CPC.
Notice.
Counsel for the respondent accepts notice and seeks time to take instructions and file reply, if any. Let copy of the applications be supplied to counsel for the respondent within a week, who may file reply to the applications, if any, within four weeks with advance copy to counsel for the applicant, who may file rejoinder thereto, if any, within four weeks thereafter.
List on 21.12.2023.
W.P.(C) 6787/2011 Written submissions stands filed on behalf of the petitioner. Despite last opportunity having been granted on 08.08.2023, written submissions has not been filed on behalf of the respondent-DTC. At request, two weeks time is granted to the respondent to file written submissions failing which, the matter shall be placed before the Hon'ble Court for further directions.
List on 21.12.2023.
REGISTRAR SEPTEMBER 20, 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 25/09/2023 at 21:26:29