SONAKSHI GUPTA Vs. L.R.GUPTA
LAWS(DLH)-2021-10-43
HIGH COURT OF DELHI
Decided on October 27,2021

Sonakshi Gupta Appellant
VERSUS
L.R.Gupta Respondents

JUDGEMENT

C.HARI SHANKAR,J - (1.)This is an appeal challenging an order dated 28th September, 2021, passed by the Joint Registrar to the extent the order allows I.A.3868/2021, preferred by the plaintiff under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (CPC).
O.A.25/2021

(2.)The impugned order, to the extent the appellant is aggrieved thereby, reads as under:
"IA 3868/2021 (under Order XXII Rule 4 read with Section 151 CPC seeking impleadment of Lrs of deceased defendant no.2 Sh. L.R. Gupta)

Learned counsel for plaintiff submits that the proposed LRs of deceased defendant no.2 Sh. L.R. Gupta already stand impleaded as defendant nos.3, 4 and 6 in the instant suit. In view of aforesaid, it has been prayed that deceased defendant no. 2 may be deleted from the array of the parties.

Despite being given sufficient opportunity, no reply has been filed on behest of any of the defendants. Even otherwise, it is evident from the record that the proposed LRs are already impleaded as parties.

In view of aforesaid, application stands allowed and deceased defendant no.2 is deleted from the array of the parties.

Accordingly, both IAs stand disposed of in aforesaid terms."

(3.)Mr. Vashisht's essential contention is that Defendants 4 and 6 are not entitled to be treated as legal representatives of the deceased Defendant 2, Mr. L.R. Gupta. He expresses an apprehension that the plaintiff may use the impugned order passed by the Joint Registrar as evidence of title of Defendants 4 and 6 in the estate of the deceased Defendant 2.


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