Delhi District Court
Pyare Lal vs . Union Of India on 24 February, 2016
IN THE COURT OF SH. SANJAY KUMAR: ADDL. DISTRICT
JUDGE, (WEST)-02, TIS HAZARI COURTS:DELHI.
M No.30/16
Unique ID Case No. 02401C0118632016
24.02.2016
At 04:00PM
Pyare Lal Vs. Union of India
ORDER
1. An application filed by LRs Petitioner No.1(d) of Late Smt. Premwati WD/o Late Mahavir Singh and D/o Late Sh. Pare Lal namely Sh. Sunil Kumar S/o Late Sh. Mahavir Singh, Smt. Kamlesh W/o Raj Kumar D/o Late Sh. Mahavir Singh, Smt. Rajesh W/o Sh. Rajesh D/o Late Sh. Mahavir Singh and Smt. Monica W/o Sh. Pawan Kumar D/o Late Sh. Mahavir Singh Under Section 151, 152 and 153 CPC.
2. In brief facts are stated that reference no. 99/10/05 decided by this Court vide judgment dated 19.01.2016. During the pendency of the said reference the petitioner 1-D Smt. Premwati LR of deceased late Smt Pyare Lal who died on 03.03.2011 left behind only applicants / legal heirs. The death certificate of deceased Smt. Premwait has been filed. The deceased did not execute any Will during her life time and her husband Late Sh. Mahavir Singh was pre deceased on 01.06.2002. It is stated that son of the deceased suffered paralysis after the death of deceased and LR 1(d) remained under supervision of the doctors. It is stated that relation of deceased Late Smt. Premwati and her brother's were not cordial. Therefore, the LRs Late Smt. Premwati were not brought on record.
3. It is stated that there are about six more cases pending before this court regarding execution of Shamlat land of village Khampur in which late Sh. Pyare Lal was one of the co-shares and the applicant Sh. Sunil Kumar was unaware of the pendency till 02.10.2015. One of the co-share met with Sh. Sunil Kumar, applicant and then the application for substitution for bringing on record the LRs of late mother Smt. Premwati has been filed in this aforesaid case. It is further stated that one Sh. Joginder Singh had not told about the applicant about the present petition. Therefore, the application has not been filed. The applicant come to know about the present case from his Masi Smt. Urmil (younger sister of late Smt. Premwati) after the decision of the present case in the second week of February 2016.
It is prayed that LR of Late Smt. Premwati may be substituted and abatement may be set aside.
4. The application was sent to LAC West for LR report and report submitted today. As per LR report deceased Late Smt. Premwati has left following LRs:-
Sh. Sunil Kumar Son of deceased Smt. Kamlesh Daughter of deceased Smt. Ramjesh Daughter of deceased Smt. Monika Daughter of deceased
5. I have heard Ld. counsel for applicant Sh. Ravinder Singh and perused the record. Ld. counsel for the applicant has relied upon a judgment in case Rati Ram Vs. Union of India (UOI) (17.08.2007) Hon'ble High Court of Delhi (Hon'ble Judges/ Coram T.S Thakur Sanjay Kishan Kaul and J.J.). As per this judgment, Hon'ble High Court had held that the application for substitution may be allowed Under Section 151, 152, 153 CPC for impleading LRs of the person who died during the proceedings and whose LRs were not impleaded. However. Impleaded legal heirs are not entitled to interest from the date of decree till filing of application.
6. I have gone through the judgment and in the interest of the justice, application filed by the applicant is allowed and they are substituted in place of deceased Late Smt. Premwati with condition that they are not entitled to any interest from the date of decree till filing of the application. The application disposed off accordingly after filing of amended memo of parties.
(Announced in the open (SANJAY KUMAR)
court on 24.02.2016 ADJ-02 (West)
Tis Hazari Courts,
Delhi