Rajendra Dhar v. Kamla Dhar & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + I.P.A. 3/2012, IA No.4338/2012 (u/O XXXIX R-1&2 CPC), IA No.15825/2012 (u/O I R-10 CPC), IA No.11779/2014 (u/O XXXIII) & IA No.12469/2014 (u/O I R-10 CPC) RAJENDRA DHAR ..... Petitioner Through:

Mr. Jai Bansal, Adv.

Versus

KAMLA DHAR & ORS ..... Respondents Through:

Mr. Vishwa Bhushan Arya Adv. for R-1.

Mr. Chandra Shekhar Yadav, Adv. for R-2.

Mr. Hitender Kapur & Mr. Sagar Chawla, Advs. for R-3 to 9.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 11.01.2018 1.

Mr. Jai Bansal, Advocate for the petitioner states (i) that he is appearing on behalf of Delhi High Court Legal Aid Services Committee which had provided legal aid to the petitioner who was found to be fulfilling the criteria for availing the aid; (ii) that the suit was filed as an indigent person and the enquiry into the indigency of the petitioner was underway; (iii) that the Sub-Divisional Magistrate (SDM) from whom report was sought has reported that the petitioner is an indigent person; (iv) however one Mr. Vishal Dhar, claiming to be the son of the petitioner has contacted him and informed him that the petitioner has died on 31st July, 2017; (v) that the said Mr. Vishal Dhar is working in USA and earning more than Rs.5 to Rs.7 lacs per month and thus does not qualify the criteria for availing legal aid. Mr. Jai Bansal, Advocate thus seeks discharge. 2.

None else appears for the petitioner.

I.P.A. 3/2012

3.

The counsel for the respondent no.1, the counsel for the respondent no.2 and the counsel for the respondents no.3 to 9 state that the petition has even otherwise abated.

4.

Mr. Jai Bansal, counsel for the petitioner is permitted to withdraw his Vakalatnama and is discharged from further appearance. 5.

None else appears for the petitioner / his legal representative. 6.

Dismissed in default.

RAJIV SAHAI ENDLAW, J JANUARY 11, 2018 'gsr'..

I.P.A. 3/2012