Extracted from the PDF above. The PDF is authoritative.
Shishu Pal Rajta Vs. Shiv Ram Rajta and others.
CMP (M) No. 1947 of 2924 16.5.2025 Present: Mr.Nishant Khidtta, Advocate, vice Mr.V.D. Khidtta, Advocate, for the applicant/petitioner. Mr.Amit Himalvi, Advocate, vice Mr.Rajinder Singh Chandel, Advocate, for respondents No. 1 to 3 and 5 to 7. CMP No. 9808 of 2025 This application has been filed under Order 1 Rule 10(2) of the Code of Civil Procedure for deletion of respondent No. 4. It has been submitted that defendant No. 4 Rajinder Singh Rajta, who is respondent No. 4 in present petition has expired. It has been stated in the application that on 23.4.2024 a statement was made by the plaintiff/applicant/petitioner in the Trial Court that defendant No. 4 Rajinder Singh Rajta had expired and plaintiff, i.e. present petitioner did not intend to substitute him through his legal heirs, as plaintiff was not interested to continue the suit against legal heirs of deceased respondent No. 4 Rajinder Singh Rajta. Copy of statement has been placed on record alongwith this application. It has been further stated that in sequel to the aforesaid statement of plaintiff, an order was passed by the Trial Court on the same date, i.e. 23.4.2024, recording the aforesaid statement of the plaintiff/appellant.
In aforesaid circumstances, it has been submitted that as the plaintiff/petitioner does not intend to pursue the matter against Rajinder Singh Rajta or his legal heirs, therefore, they are not necessary for adjudication of present Revision Petition and thus this application has been filed for deletion of respondent No. 4 Rajinder Singh Rajta in present proceedings. No reply is intended to be filed to the application, rather no objection has been communicated for allowing the application. In aforesaid facts and circumstances name of respondent No. 4 Rajinder Singh Rajta is ordered to be deleted from the array of parties in present proceedings, but subject to all just and legal exceptions. The application is allowed and disposed of. CMP No. 9809 of 2025 Exemption is allowed in terms of prayer. The application is disposed of.
CMP (M) No. 1947 of 2025 Reply to the application, as prayed, be filed within two weeks, positively. List for consideration on 26th June, 2025.
(Vivek Singh Thakur),
Judge.
16th May, 2025 (Keshav)