A.K. Sen Gupta v. Aroon Kumar And ORS.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 302/2018 A.K. SEN GUPTA ..... Plaintiff Through:

(Appearance not given) versus AROON KUMAR AND ORS.

..... Defendants Through:

Mr.Gurmchar Singh Sistani, Adv.

along with Mr.Prateek Kumar and Mr.Gurpratap Singh, Advs. for D-1 Mr. Siddharth Thakur, Adv. for LRs of D-2, 10A, 11A, 12, 15, 16 & 9 Mr. Aman Sareen, Adv. for D-12

CORAM:

SH. DEVENDER KUMAR (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 23.10.2019 I.A. No. 14872/2019 filed by plaintiff under Section 151 CPC for taking amended memo of parties on record and draw decree sheet & I.A. No. 8773/2019 under Order 22 Rule 4 CPC filed by plaintiff Heard.

Both applications are pertaining to impleadment of LRs of defendant no.2 and also to place on record amended memo of parties to draw decree sheet. Notice on the I.A. No. 8773/2019 has already been issued vide order dated 04.07.2019, but no reply has been filed

to this I.A. Notice on I.A. No. 14718/2019 is issued to LRs of defendant no.2 which is accepted by learned counsel for LRs in the court itself.

Learned counsel for LRs of defendant no.2 has no objection to both applications. Defendant no.2 has expired on 01.04.2019 thereby leaving behind LRs mentioned in para 4 of the application. Since right to sue survives despite death of defendant no.2, accordingly LRs of defendant no.2 mentioned in para 4 of the application are substituted to defendant no.2. Amended memo of parties is taken on record.

Both I.As stand disposed of.

CS(OS) 302/2018 Matter has already been settled between the parties and even the Hon'ble Court has already directed to prepare a decree sheet. Registry is directed to calculate the valuation accordingly and do the needful.

Plaintiff is directed to co-ordinate with Registry for proper calculation of valuation.

No further order is required DEVENDER KUMAR (DHJS) JOINT REGISTRAR (JUDICIAL) OCTOBER 23, 2019/tp Click here to check corrigendum